Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40674 of 2021 Arising Out of PS. Case No.-75 Year-2021 Thana- BAKHTIARPUR District- Saharsa ====================================================== BRAJESH KUMAR S/O SHAMBHU YADAV RESIDENT OF VILLAGENAYA TOLA BHOURA WARD NO. 10, P.S. - BAKHTIYARPUR AND DISTRICT - SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 75 of 2021 instituted for the offences under Section 392 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 15.03.2021, is a person with clean antecedent and charge-sheet has been submitted. Allegation is of snatching Rs.95,000/- from the informant by two unknown criminals who fired on the glass of the informant's car shattering the glass, further the informant who is a cloth merchant suspects that it was Rajesh, as the informant in the

Patna High Court CR. MISC. No.40674 of 2021(3) dt.14-02-2022 2/2 CCTV footage found Rajesh in consequence of the occurrence and who had history of robbery, thus it was alleged that Rajesh got the occurrence committed with the help of other accused. Learned counsel for the petitioner submits that the FIR is against unknown and name of the petitioner transpired in the confessional statement of co-accused Ashu Kumar, further nothing has been recovered from possession of the petitioner nor he has been put on T.I. Parade.

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, is a person with clean antecedent, charge-sheet has been submitted, name of the petitioner transpired in the confessional statement of co-accused and nothing was recovered from possession of the petitioner, 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 to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 75 of 2021.

(Satyavrat Verma, J) Kundan/- U T