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Patna High CourtCR. MISC./38403/2024rejected

Niraj Kumar @ Raghav v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38403 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Niraj Kumar @ Raghav Son of Yogendra Paswan @ Jogi Paswan @ Jogendra Paswan Resident of Village - Suja,Gandhi Gram, ward no.18, , P.S.- Muffasil , District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Muffasil P.S Case No. 58 of 2024 from the Court of learned C.J.M, Begusarai registered for the offences punishable under Sections 392.

3. As per allegation in the FIR, four accused persons snatched cash of Rs. 5000/-, bike, mobile phones and other materials from the informant on gunpoint.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that looted motorcycle parts has been seized from the joint house of the petitioner in which other family members

Patna High Court CR. MISC. No.38403 of 2024(3) dt.01-08-2024 2/2 were also resides. It is also submitted that petitioner is in judicial custody since 07.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, Case diary and impugned order dated 19.04.2024 it appears that, petitioner is not named in FIR but during investigation he has caught by the police and he has confessed his guilt, ATM card and Aadhar Card of the informant has been found in his possession which mentioned at para no. 26 of his confessional statement. Further, engine of Hero company and a number plate of alleged looted vehicle has been recovered from the house of this petitioner whose seizure list has been prepared by the police, prima facie, it appears involvement of the petitioner in this occurrence.

7. Considering the aforesaid facts and circumstances of the case this Court is not inclined to grant bail to the petitioner. Hence, prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T