Raj Kumar @ Rajkumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42630 of 2024 Arising Out of PS. Case No.-194 Year-2015 Thana- PAROO District- Muzaffarpur ====================================================== Raj Kumar @ Rajkumar Bhagat, aged about 31 yrs., Male, S/o- Sharda Nand Bhagat , Resident of Village- Ghataro Ps- Kartahan Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-07-2024 Heard Ms. Bela Singh, learned counsel appearing on behalf of the petitioner and Ms.Pushpa Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Paroo P.S. Case No. 194 of 2015 registered for the offence(s) punishable under Sections 395 of the Indian Penal Code.

3. As per the allegation made in the FIR, five unknown miscreants looted the truck and the goods loaded over it from the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner in innocent and has been falsely implicated in the case. It is further submitted that name of the petitioner has transpired in the present case on the basis of

Patna High Court CR. MISC. No.42630 of 2024(2) dt.10-07-2024 2/3 confessional statement of co-accused Chandan Kumar and Raju Kumar and confessional statement made before police has no evidentiary value.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and also the fact that name of the petitioner has surfaced in the present case on the basis of confessional statement of co-accused, as namedabove, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 194 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in

Patna High Court CR. MISC. No.42630 of 2024(2) dt.10-07-2024 3/3 paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U