Rahul Kumar Banjara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54822 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- NAGAR District- Vaishali ====================================================== RAHUL KUMAR BANJARA SON OF LATE RAJ KUMAR YADAV RESIDENT OF VILLAGE- NAYA TOLA, JURAVGANJ, PS- KODHA ,DISTRICT -KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, allegation against the two accused persons is that they looted the bag of the informant containing cash of Rs. 65,000/- along with two mobiles and some documents.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.54822 of 2023(3) dt.08-11-2023 2/2 of the petitioner has come into light, on the basis of confessional statement of co-accused Manish Kumar @ Subodh, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 10.04.2023 passed in Cr. Misc. No. 5750 of 2023. He is languishing in judicial custody since 28.03.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 130 of 2022. (Sunil Kumar Panwar, J) Arish/- U T