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Patna High CourtCR. MISC./57810/2021bail granted

Rakesh Kumar @ Shahansha v. The State Of Bihar

2022-02-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57810 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- MAHUA District- Vaishali ====================================================== RAKESH KUMAR @ SHAHANSHA S/o BHAGWAT SINGH R/o VILLAGE-MIRZANAGAR, P.S- MAHUA, DISTRICT-VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mrs. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 395/397 of the Indian Penal Code.

As per the prosecution case, five unknown miscreants on the point of pistol snatched the bag of informant containing Rs. 1, 35,000/-.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused and except confessional statement of co-accused there is no substantive evidence to

Patna High Court CR. MISC. No.57810 of 2021(2) dt.03-02-2022 2/2 suggest the implication of the petitioner in the present case. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner is in custody since 23.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Vaishali at Hajipur in connection with Mahua PS case No.17/2020.

(Prabhat Kumar Singh, J) BKS/- U T