Raja @ Prince @ Sarfaraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31743 of 2020 Arising Out of PS. Case No.-625 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== RAJA @ PRINCE @ SARFARAJ, S/o Md Ayub, Resident of VillageHathsarganj, P.S.- Hajipur Town, District- Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Satya Prakash Sinha, Adv.

For the Opposite Party :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Town P.S. Case No. 625 of 2019, registered under Section 394 of the Indian Penal Code.

The accusation is that informant, Rajesh Kumar, in routine course, after closing the medical store, situated at Sadar Hospital Road, Hajipur, proceeded boarding on motorcycle, with his own brother, Ravi Gupta, for house having the bag containing cash of rupees two lakh, in the way two persons came boarding on motorcycle and started abusing and making firing and snatched the bag, at that time they also fired causing injury on his left leg. Both the miscreants snatched the bag and fled away from there, whose age were 25 to 30 years. Due to darkness he could not identify them.

Submission is that it would appear from the first information report that on the basis of fardbeyan of the informant, Rajesh Kumar, Town P.S. Case No. 625 of 2019

Patna High Court CR. MISC. No.31743 of 2020(4) dt.29-01-2021 2/2 instituted for the offence under Section 394 of the Indian Penal Code. In course of investigation the petitioner was apprehended by the police, who recorded his confessional statement showing his involvement in the present case and the petitioner is in custody since 19.09.2019. Further, submission is that in fact the petitioner is accused in three cases, as detailed in paragraph 3 of the supplementary affidavit and due to that reason police implicated the petitioner, recording his confessional statement showing his involvement in the present case.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Town P.S. Case No. 625 of 2019 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions that out of two bailors, one must either be parent or close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T