Rajesh Kumar @ A.T.M. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41136 of 2020 Arising Out of PS. Case No.-376 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Rajesh Kumar @ A.T.M. S/o Gajendra Singh R/o village- Soarathi, P.S.- Dinara, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kudra P.S. Case no. 376 of 2019 registered under section 392 of the Indian Penal Code. As per allegation in the FIR, the truck of the informant was stopped by accused persons travelling in a car bearing registration no. JH05K9381 and the garlic loaded in the truck was looted by the accused persons who also took away the vehicle, mobile phone and Rs. 10,000/- from the driver. It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown persons.

Further, referring to the order of the learned Court below it is submitted that the material which has transpired in course of investigation has been dealt by the learned Court below. The name of the petitioner transpired in the confessional statement of co-accused Sonu Kumar Singh recorded in paragraph no.

Patna High Court CR. MISC. No.41136 of 2020(2) dt.17-03-2021 2/2 of the case diary. The said statement has been made before police. The petitioner has no concern with the Hyundai Car. He is in custody since 20.8.2020 and has not been put on T.I. Parade. The aforesaid Sonu Kumar Singh has been enlarged on bail vide order dated 4.6.2020 (Annexure 2) passed in Cr. Misc. no. 18175 of 2020.

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

Having heard learned counsel for the parties and taking into consideration the grant of bail to Sonu Kumar Singh on whose statement before police the name of the petitioner has transpired together with the petitioner being in custody since 20.8.2020 and not having been put on T.I. Parade, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kudra P.S. Case no. 376 of 2019 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 Additional Chief Judicial Magistrate VI, Kaimur at Bhabua.

(Partha Sarthy, J) Prakash/- U