Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44166 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== Raja Kumar Son Of Devendra Singh Resident Of Village- Murli, PsGopalpur (Rangra), Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, the informant was returning from his Transport to his house on motorcycle thereafter, three miscreants came and started abusing with the informant. It is further alleged that the miscreants snatched cash of Rs. 20,000/-, Mobile phone and motorcycle from the informant and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.44166 of 2023(2) dt.21-07-2023 2/2 the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Bhawesh Kumar and Babul Sharma. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner rather the same has been recovered from co-accused Babul Sharma. No T.I. Parade has been done. He is languishing in judicial custody since 16.12.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Kharik P.S. Case No. 135 of 2022.

(Sunil Kumar Panwar, J) arish/- U T