Raj Kishore Kumar @ Pradhuman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19064 of 2017 Arising Out of PS.Case No. -293 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== RAJ KISHORE KUMAR @ PRADHUMAN, son of Baidynath Prasad Kushwaha, resident of Mohalla- Naya Road Ward No. 23, P.S. Raxaul, Dist.- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner seeks bail in Raxaul P.S. Case No.293 of 2016 registered under Sections 461 and 379 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has clean antecedent. He is in custody since 17.12.2016. He has not been named in the written report. His name has come during investigation in the confessional statement of co-accused Chandan Kumar, as made in paragraph 22 of the case diary. It has been mentioned in paragraph 23 of the case diary that theft articles have been recovered from the courtyard adjacent to the boundary

Patna High Court Cr.Misc. No.19064 of 2017 (2) dt.01-05-2017 2/2 wall of the house of the petitioner. But from the impugned order it appears that no Test identification parade of the aforesaid articles has been done. It is further submitted that co-accused, Lavkush Sah, has already been granted bail by coordinate Bench of this Court vide order dated 26.4.2017 passed in Cr. Misc. No.18761 of 2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., Raxaul, Motihari, East Champaran, in Raxaul P.S. Case No.293/16, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) AnilKrSinha/- U