Patna High CourtCR. MISC./53698/2023allowed

Rakesh Kumar Jha @ Rakesh Jha v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53698 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- JOGBANI District- Araria ====================================================== Rakesh Kumar Jha @ Rakesh Jha Son Of Sagar Jha Village Khajurbari Ward No 3 Jogbani Police Station Jogbani District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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 section 394 of the Indian Penal Code.

3. Allegation against the three miscreants is that they entered in the shop of the informant and looted 10-15 thousand rupees from this locker and also assaulted him.

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. The petitioner is not named in FIR rather his name came into light in this case merely on suspicion and on the basis of his self confession before the police which has got no evidentiary value in the eye of law. It is

Patna High Court CR. MISC. No.53698 of 2023(3) dt.31-10-2023 2/2 further submitted that he has no concern with the looted article and neither the petitioner nor the recovered article has been put on TIP. Moreover, the petitioner is languishing in judicial custody since 09.01.2023.

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 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 Jogbani P.S. Case No. 09 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 A.C.J.M. 5th, Araria.

(Sunil Kumar Panwar, J) Shubham/- U T