Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35528 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- PANDARAK District- Patna ====================================================== Rajesh Kumar Son Of Sri Ravindra Yadav @ Nageshwar Yadav Resident Of Village- Mokimpur, Ps- Barh, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Pandarak P.S. Case No. 16 of 2023 registered on 23.01.2023 for the alleged offences under Sections 356 and 379 of the Indian Penal Code.

3. As per prosecution case, three miscreants snatched the bag of the informant containing Rs. 1,12,420/-, a tablet of Samsung and other articles. The name of the petitioner surfaced during investigation as one of the miscreants.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. There is nothing against this petitioner except the confessional statement of co-accused Aman Kumar. Nothing has

Patna High Court CR. MISC. No.35528 of 2023(2) dt.24-06-2023 2/3 been recovered from the person or possession of this petitioner. The petitioner has not been put to any Test Identification Parade. The petitioner is in custody since 08.02.2023. The petitioner has got criminal antecedent of one case.

5. Learned APP opposes the prayer for bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering his period of custody and the submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Barh, Patna/court concerned in connection with Pandarak P.S. Case No. 16 of 2023, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates

Patna High Court CR. MISC. No.35528 of 2023(2) dt.24-06-2023 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T