Raju Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51798 of 2021 Arising Out of PS. Case No.-505 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== Raju Kushwaha Son of Asharfi Kushwaha Resident of Village - Champapur Ward no. -17, P.S. - Ramgharwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Yogapatti (Sanichari) P.S. Case No. 505 of 2020 instituted for the offences under Sections 394 and 428 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 16.03.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of snatching pickup van loaded with egg along with mobile and Rs. 40,000/- by four unknown criminals from the informant.

Learned counsel for the petitioner submits that the F.I.R. was instituted against unknown and the name of this

Patna High Court CR. MISC. No.51798 of 2021(3) dt.08-02-2022 2/2 petitioner transpired in his own confessional statement as he was made to confess the crime while he was in custody in Harsidhi P.S. Case No. 547 of 2020. Learned counsel further submits that he has not been put on T.I.P. nor recovery of any incriminating article has been made from the petitioner and has been implicated merely because of his criminal antecedents. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 16.03.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Yogapatti (Sanichari) P.S. Case No. 505 of 2020 with a condition that one of the bailor shall be the father of the petitioner (Asharfi Kushwaha) and in the event if the petitioner is implicated in a case of similar nature, the learned court below will be at liberty to cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T