Raj Singh Rajput @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40645 of 2023 Arising Out of PS. Case No.-570 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Sanjay Chauhan Son Of Late Sobhapati Chouhan Resident Of Village - Refuji Colony, Ward No. 11, P.S. - Forbesganj, Distt. - Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40845 of 2023 Arising Out of PS. Case No.-570 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Raj Singh Rajput @ Raja Son Of Dharmnath Singh Resident Of VillageWard No 5 Majhua Ps- Forbesganj, District- Araria (bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40931 of 2023 Arising Out of PS. Case No.-570 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Ganesh Ram Son Of Phulchand Ram @ Phoolchand Ram Resident Of Village- Refuji Colony, Purv Tola, Ward No. 11, Majhhua, Gopalpur, PsForbesganj, Dist- Araria ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40645 of 2023) For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar (In CRIMINAL MISCELLANEOUS No. 40845 of 2023) For the Petitioner/s :

Mr.Raju Giri For the Opposite Party/s :

Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 40931 of 2023) For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

Patna High Court CR. MISC. No.40645 of 2023(2) dt.14-07-2023 2/3 14-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 395, 397, 412 of the Indian Penal Code. As per prosecution case, three unknown miscreants boarded on a motorcycle intercepted the informant's car and looted Rs. 40 lakhs from his bag on the point of pistol.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R and their names subsequently surfaced during the course of investigation. The petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have still not been put on T.I.P. The petitioners are languishing in custody since 21.12.2022. A statement has been made in para 3 of

Patna High Court CR. MISC. No.40645 of 2023(2) dt.14-07-2023 3/3 the petition that petitioners have no criminal antecedents. Moreover, similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 31177 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria/concerned Court in connection with Narpatganj P.S. Case No. 570 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T