Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50266 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- KOTWALI District- Patna ====================================================== RAJA KUMAR S/o DHORWA PRASAD R/o MOHALLA-KAMLA NEHRU NAGAR, P.S-KOTWALI AND DISTRICT-PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 379, 411 and 34.

As per the prosecution case, on the employee of a Plant raising an alarm, the police personnel reached the spot and apprehending an accused, namely, Nasim who disclosed that the petitioner herein had escaped with a 5 HP motor of Crompton company. It is stated that from the apprehended accused a 1 ton window AC of Voltas company and copper cable was recovered. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The only material against him is the statement of a co-accused

Patna High Court CR. MISC. No.50266 of 2021(2) dt.23-02-2022 2/2 made before police. He is in custody since 4.4.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State who submits that the petitioner has criminal antecedents.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner having remained in custody for 10 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kotwali P.S. Case no. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna.

(Partha Sarthy, J) Spd/- U T