Mithlesh Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50750 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Mithlesh Kumar Rajak S/O Late Ganesh Rajak R/Vill- Bisanpur Dak Ward No. 24, P.S- Banmanki, Distt.- Punia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. Case No. 219 of 2022 dated 30.06.2022 registered for the offence punishable u/s 394 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants boarded on motorcycle are alleged to have intercepted the motorcycle of the informant and Shiv Kumar Sharma was the pillion. They looted mobile phones and Rs. 20,000/- in cash on the point of pistol.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.50750 of 2023(2) dt.17-08-2023 2/2 The petitioner is not named in the FIR. The name of the petitioner has surfaced due to the course of investigation. Learned counsel further submitted that one of the miscreant fired on the left hand of Shiv Kumar Sharma due to which he sustained injury. The said mobile phone was purchased by the petitioner from one Hansraj Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Raniganj P.S. Case No. 219 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T