Rajesh Lashkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60154 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Rajesh Lashkar Son Of Aarfat Lashkar R/O-Hardaha, P.S.-Baraipur, Distt.-24 Pargana, West Bengal ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 414/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner along with others are alleged to have been indulged in snatching of chain and pick-pocketing who were apprehended by the police team in suspicion condition and from possession of the petitioner, one golden chain and cash were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. He has got no criminal antecedent as stated in para-3 of the bail
Patna High Court CR. MISC. No.60154 of 2023(3) dt.13-10-2023 2/2 petition. It is also submitted that the recovered materials were not identified properly whether, these are stolen or not. No body claimed about the seized material. It is further submitted that the petitioner is languishing in judicial custody since 17.3.2023. Moreover, similarly sistuated other co-accused persons have already been granted bail by a co-ordinate Bench of the Court vide order dt. 10.8.223 passed in Cr. Misc. No. 50550 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Railway Sasaram (Dehri) P.S. Case No. 48 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Railway Magistrate, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T