Raj Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33850 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== Raj Kumar @ Raja Son of Late Mahendra Yadav Resident of VillageMaranga West, Yadav Tola, Ward No. 8, P.S.- Maranga, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with K. Hat (Sahayak) P.S. Case No. 153 of 2020 instituted for the offences under Sections 457, 380, 401, 411 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.05.2020, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that informant alleges that he woke up at 5.00 in the morning when he felt dizziness and saw the door of the temple open and lock and key were kept on the table in the temple and

Patna High Court CR. MISC. No.33850 of 2021(2) dt.30-11-2021 2/2 when he went inside the temple then he saw three metal (Ashtadhatu) idols of god Shri Ram, Mata Janki and Lakshman Jee were missing.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name transpired based on the confessional statement of the co-accused Sunny Kumar and nothing has been recovered from his possession. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.05.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 153 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T