Patna High CourtCR. MISC./53183/2024bail granted

Raja Kumar v. The State Of Bihar

2024-08-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53183 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Raja Kumar Son of Vinod Sah Village- Rasalpur, Malmala, PS- Runnisaidpur, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 44 of 2024 instituted for the offences under Sections 414/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with the co-accused has been caught from the spot with a stolen motorcycle. It is alleged that the petitioner was driving the alleged motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.53183 of 2024(2) dt.02-08-2024 2/3 He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and is languishing in judicial custody since 05.02.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner again submits that the co-accused namely Md. Sajid has been granted bail by this Court vide order dated 05.04.2024 passed in Cr. Misc. No. 25374 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is named accused in the F.I.R. and he has been arrested by the police on the spot along with a stolen motorcycle.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, on furnishing

Patna High Court CR. MISC. No.53183 of 2024(2) dt.02-08-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Runnisaidpur P.S. Case No. 44 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T