Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56607 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Rajesh Kumar, aged about 29 years, Male, Son of Shiva Chandra Mahto, Resident of Village - Madrippur, P.S. - Minapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tariyani P.S. Case No. 297 of 2023 instituted for the offences punishable under Sections 356, 379, 392 and 411 of the Indian Penal Code.

3. As per the prosecution case, two accused persons on a motorcycle forcibly looted away Rs. 20,000/- along with Redeme Mobile from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Petitioner has not put of Test Identification Parade. He next submits that the petitioner

Patna High Court CR. MISC. No.56607 of 2024(2) dt.19-08-2024 2/2 has got clean antecedent as stated in para 3 of the petition is in custody since 27.04.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and the impugned order of the learned Sessions Judge, Sheohar, Bihar dated 22.06.2024, it appears that petitioner is not named in the FIR and his name transpired in this case during the course of investigation. From perusal of the records, it also transpires that after four months of the occurrence petitioner has been arrested and the mobile which was recovered is 'realme' but the stolen mobile is 'redeme'. It is also stated that the informant and the petitioner have compromised the matter in the trial Court and a certified copy of the said petition is also filed before this Court, So considering all these aspects of the matter, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 297 of 2023. (Ramesh Chand Malviya, J) Anand Kr.

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