Raja Kumar @ Raja Babu @ Raja Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.361 of 2019 Arising Out of PS. Case No.-983 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raja Kumar @ Raja Babu @ Raja Ray Son of Ashok Kumar Ray, Resident of Mohalla Ganeshpur, P.S. Ahiyapur. District Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vindhya Keshari Kumar, Sr. Advocate.
Mr. Ravi Shankar Pathak, Advocate.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
A bag containing key of the shop and other documents of the informant is said to have been snatched by three unknown motorcycle borne criminals assaulting him by means of pistol.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent. He has committed no offence. He has no concern with the aforesaid occurrence. No incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.361 of 2019(5) dt.15-02-2019 2/2 physical possession of the petitioner. He was not put on T.I.P. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement recorded by the police under coercion which has no evidentiary value in the eye of law. There is no eye witness of the occurrence. Though four criminal cases have been lodged against the petitioner, but he is on bail in all the aforesaid cases. The petitioner has been languishing in custody since 15.09.2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 983 of 2018.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T