Raja Kumar Singh@ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43008 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== RAJA KUMAR SINGH@ RAJA Son of Devan Prasad Singh Resident of Village - Khutauna (Sankar Chowk), P.S.- Khutauna, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 332 of 2020 for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having given a blow on the person of the informant by a piece of bamboo while he was returning home from his shop on his motorcycle, carrying a sum of Rs. 1,80,000/- and then the said miscreants are stated to have taken away the money bag of the informant and had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 23.11.2020. The learned counsel for the

Patna High Court CR. MISC. No.43008 of 2021(2) dt.07-01-2022 2/3 petitioner has further submitted that neither any Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor the looted cash amount has been recovered from his conscious possession. It is lastly submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 02.07.2021 passed in Criminal Misc. No. 17925 of 2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged occurrence and moreover the looted cash amount has not been recovered from the conscious possession of the petitioner or from his house, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.43008 of 2021(2) dt.07-01-2022 3/3 satisfaction of learned A.C.J.M.-3rd, Madhubani in connection with Babubarhi P.S. Case No. 332 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T