Rajnish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45306 of 2023 Arising Out of PS. Case No.-777 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Rajnish Kumar Singh Son Of Subhash Singh @ Subhash Kumar Singh Resident Of Village- Pipra, Ps- Sahabjitpur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar Yadav For the Opposite Party/s :
Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that three unknown miscreants snatched his motorcycle at the point of country made pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of confession made by coaccused Golu Kumar before the police, which is inadmissible in the eye of law. Neither the petitioner was put on TI Parade nor
Patna High Court CR. MISC. No.45306 of 2023(2) dt.28-07-2023 2/2 any incriminating article has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Amit Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 14.12.2022 passed in Cr. Misc. No. 45707 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 3.2.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhaura P.S. Case No. 777 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chhapra. (Sunil Kumar Panwar, J) Amandeep/- U T