Md. Raja @ Rajaak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34599 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- HISUWA District- Nawada ====================================================== Md. Raja @ Rajaak son of Muzib Rahman Resident of village- Gebal Bigha, P.S.-Rampur, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Hasua (Hisua) P.S. Case No. 30/2025, lodged on 17.01.2025 under Sections 334(1), 303(2), 317(2) of the B.N.S., 2023.

3. As per the prosecution case, the present F.I.R. has been lodged against unknown accused persons alleging the commission of theft of jewellery from the shop of the informant. It is alleged that approximately 5 kilograms of silver and 50 grams of gold, which form the subject matter of the present case, were stolen.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further

Patna High Court CR. MISC. No.34599 of 2025(2) dt.04-06-2025 2/3 submitted that the petitioner has not been named in the F.I.R., and his name has figured in the case solely on the basis of the confessional statement of co-accused Sunny Kumar. No recovery has been made from the possession of the petitioner. The petitioner is in custody since 05.03.2025. Learned counsel also submits that the petitioner has been implicated merely due to his involvement in four other criminal cases, and his name has been inserted in the present case at the behest of the police through the statement of the co-accused. However, the petitioner is willing to abide by any conditions that may be imposed by this Hon'ble Court in the event of his release on bail.

5. Learned counsel for the State opposes the prayer for bail and submits that during the course of investigation, coaccused Sunny Kumar disclosed the name of the petitioner. Learned APP further submits that the learned Additional Sessions Judge, while rejecting the prayer for bail, took note of the modus operandi adopted by the petitioner in the commission of the alleged crime as reflected in the case diary. It is further stated that during investigation, recovery of more than 13 kilograms of silver has been effected, and the name of the petitioner has surfaced through the disclosure statement of the co-accused.

Patna High Court CR. MISC. No.34599 of 2025(2) dt.04-06-2025 3/3

6. Considering the facts and circumstances of the case and the materials available on record, I am not inclined to grant regular bail to the petitioner at this stage.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Hasua (Hisua) P.S. Case No. 30/2025, pending before the learned CJM, Nawada, is hereby rejected.

8. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge. (Dr. Anshuman, J) Ashwini/- U T