Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5681 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- ARER District- Madhubani ====================================================== Raju Kumar, Son of Shri Lal Bihari Singh, R/O Village- Selra, P.S.- Jaynagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 394 of the Indian Penal Code.

Informant has alleged that on 13.02.2020 while he was going to his village on his motorcycle, three unknown miscreants on a motorcycle intercepted and fired on his left thigh as a result of which he fell down thereafter they looted his motorcycle and snatched away his mobile and Rs. 35,000/- and

Patna High Court CR. MISC. No.5681 of 2021(2) dt.12-04-2021 2/3 fled away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is neither named in the F.I.R. nor during entire investigation any witness has named the petitioner. Petitioner has neither been put on T.I.P. nor any incriminating article has been recovered from his possession. Petitioner is in custody since 26.02.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Benipatti, in connection with Arer P.S. Case No. 17 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.5681 of 2021(2) dt.12-04-2021 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T