Raj @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33537 of 2021 Arising Out of PS. Case No.-1148 Year-2019 Thana- KANKARBAG District- Patna ====================================================== RAJ @ RAJ KUMAR Son of Sikandar Ram Resident of Mohalla - Ambedkar Colony, Police Station - Sultanganj, District - Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishan Jha Mr. Harish Kumar Mr. Arvind Kumar Mouar For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2022 Heard Arvind Kumar Mouar, learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in connection with Kankarbagh PS Case No. 1148 of 2019 registered for the offence under Section 392 of the IPC.
This is another case of chain snatching by unknown persons.
Learned counsel for the petitioner submits that petitioner is not named in the FIR and FIR has been lodged against unknown. He further submits that petitioner's name has transpired on the basis of the confessional statement made by accused - Bhkalua, who has been declared juvenile. He further submits that no looted article has been recovered from the
Patna High Court CR. MISC. No.33537 of 2021(3) dt.22-02-2022 2/3 possession of the petitioner and he has not been put on TIP. Petitioner is in custody for more than 02 years i.e. since 14 - 02 - 2020 and the case is triable by Magistrate. This court by its order dated 20 / 12 / 2021 has called for a report regarding the present stage of the trial and in pursuance thereof learned Additional Chief Judicial Magistrate - IX, Patna (In-charge Judicial Magistrate 1st Class Court No. 13, Patna) has send its report vide letter no.
03 dated 21 / 01 / 2022 and from perusal of the report it appears that cognizance was taken of the offences on 17 / 04 / 2020, charges were framed against the petitioner and others on 14 / 10 / 2020, out of five charge sheet witnesses none of them has been examined and the concerned court is vacant since 19 - 09 - 2021. Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner is in custody for more than 02 years since 14 / 02 / 2020 , offences alleged against the petitioner are triable by Magistrate , as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- ( twenty five thousand ) with two sureties of the like amount each to the satisfaction of Sri Arvind Kumar Singh, J.M.
Patna High Court CR. MISC. No.33537 of 2021(3) dt.22-02-2022 3/3 connection with Kankarbagh PS Case No. 1148 of 2019 on the following condition:- (a) that the petitioner shall remain present on each and every date during the trial and in case of his absence on two consecutive dates, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J) praful/- U T