Patna High CourtCR. MISC./54199/2024bail granted

Raja Kumar @ Raju @ Raju Kumar v. The State Of Bihar

2024-08-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54199 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Raja Kumar @ Raju @ Raju Kumar Son of Nagendra Sahni Village- Barheta Kothi Patti, Ward No. 5, Ps- Mahindwara, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 143 of 2024 arising out of Runnisaidpur P.S. Case No. 308 of 2023 instituted for the offences under Sections 413, 414, 34 of the Indian Penal Code.

3. As per prosecution case, the police has apprehended the petitioner along with co-accused Nietesh Kumar having and using one motorcycle without their ownership which was, later on, released in favour of its real owner Priyanka Devi.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.54199 of 2024(2) dt.07-08-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. He further submits that the coaccused who was caught with the petitioner has already been granted bail by the court below itself. The charges have been framed against the petitioner in this case on 13.03.2024. 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 three criminal antecedents and is languishing in judicial custody since 10.06.2023 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. 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

Patna High Court CR. MISC. No.54199 of 2024(2) dt.07-08-2024 3/3 bail on furnishing 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 Sessions Trial No. 143 of 2024 arising out of Runnisaidpur P.S. Case No. 308 of 2023.

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