Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.780 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Raj Kumar son of Bhutan Jaiswal Resident of Village - Nayatola Simari, P.S. Bakhti Yarpur District - Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr. Mukeshwar Dayal, 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.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 356 of 2018 registered under Sections 401 and 414 of the Indian Penal Code. 59 items including laptop, LED T.V., camera, silver ornaments etc. are said to have been recovered from the house of the petitioner and he along with five other accused persons were apprehended from the said house, who are said to be congregated there for the purpose of distribution of stolen articles.

It is submitted by the learned counsel for the petitioner that petitioner is quite innocent. He has committed no

Patna High Court Cr.Misc. No.780 of 2019(4) dt.15-02-2019 2/2 offence. He has been falsely implicated in this case at the instance of his enemy by the police. No incriminating article has been recovered from conscious physical possession of the petitioner or from his house rather the same has been recovered from the house of one co-accused Raj Kishore Jaiswal and the seizure list also indicates the same. Petitioner has been languishing in custody since 11.07.2018. Similarly situated coaccused, namely, Banti Kumar has been enlarged on bail vide order dated 30.11.2018 passed in Cri. Misc. No. 68496 of 2018 by another co-ordinate Bench of this Court.

On the other hand though learned APP opposed the bail prayer of the petitioner but conceded about not pending of any other criminal case against the petitioner as per the case diary.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, Distt. Patna in connection with Bakhtiyarpur P.S. Case No. 356 of 2018.

(Prakash Chandra Jaiswal, J) sushma/- U T