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Patna High CourtCR. MISC./30155/2020allowed

Kush Kumar @ Raja @ Baja v. The State Of Bihar

2020-12-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30155 of 2020 Arising Out of PS. Case No.-272 Year-2019 Thana- PIRO District- Bhojpur ====================================================== KUSH KUMAR @ RAJA @ BAJA S/o Ujagir Sah R/o Village- Charpokhari, P.S.- Charpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

The petitioner seek bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Prosecution case in brief is that when informant was returning after closing his shop with Rs. 150000/-, suddenly six persons riding on two bikes holding arms stopped them and snatched entire money and his mobile.

Learned counsel for the petitioner submits that he is innocent, not named in the FIR and nothing was recovered from his possession. He submits that the name of the petitioner has come on the confessional statement of co-accused Deepak Yadav. He submits that no TIP has been done as yet and he is

Patna High Court CR. MISC. No.30155 of 2020(3) dt.02-12-2020 2/2 languishing in judicial custody since 28.02.2020. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submits that similarly situated co-accused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 25734 of 2020 on 12.11.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro Police Station Case No. 272 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T