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Patna High CourtCR. MISC./31889/2018bail granted

Ramiz Raja @ Raja v. The State Of Bihar

2018-08-14Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31889 of 2018 Arising Out of PS. Case No.-114 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Ramiz Raja @ Raja, Son of Late Md. Anwar Khan, R/o Golmuri Thana Golmuri, District- Jamshedpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Md. Soban Asghar, Adv.

For the Opposite Party :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-08-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Hajipur Town P.S. Case No. 114 of 2017 (G.R. No. 677 of 2017) registered for the offences punishable under Section 382 of the Indian Penal Code.

It is alleged by the informant that on 19.02.2017 at about 11:30 P.M. when he has been returning to his residence by rickshaw, on the way one Scorpio vehicle over took him and three unknown miscreants came and forcibly took the informant in vehicle and went away and thereafter looted money from his ATM card and assaulted him by pistol.

It is submitted by the learned counsel for the petitioner that name of the petitioner has surfaced in this case on the basis of confessional statement made by co-accused person. Petitioner is innocent, nothing was recovered from his

Patna High Court Cr.Misc. No.31889 of 2018(4) dt.14-08-2018 2/2 possession and no Test Identification Parade was made. It is further submitted that in similar case one co-accused Dharmendra Kumar has been granted regular bail by a coordinate Bench of this Court vide order dated 09.08.2018 in Criminal Miscellaneous No. 41963 of 2018. He is in custody since 28.12.2017.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Hajipur at Vaishali in connection with Hajipur Town P.S. Case No. 114 of 2017 (G.R. No.677 of 17) with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J.) Rajiv/manoj U T