Ali Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64238 of 2021 Arising Out of PS. Case No.-753 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Ali Raja S/o Sarajuddin R/o Village- Sabalpur (Muslim tola), P.S.- Sonepur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2022 Heard both parties.

The petitioner seeks bail in Saraiya P.S. Case No. 753 of 2020, registered for the offence punishable under Sections 393, 307 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on 22.11.2020 at around 9.30 am, the informant and his staffs were going on cash van from Chapra to Siwan and reached near Bakhra cold storage, one white coloured car tried to intercept the vehicle of informant and the accused persons sitting in the car started indiscriminate firing due to which driver of the cash van got firearm injury. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Petitioner has been remanded in this case from Saraiya PS Case No. 19 of 2021 in which

Patna High Court CR. MISC. No.64238 of 2021(2) dt.22-02-2022 2/2 police has recorded his confession and name of petitioner surfaced in this case. No looted article has been recovered from possession of this petitioner. Till date petitioner has not been put on test identification parade. Similarly situated co-accused have been granted bail by this Court. Petitioner is in custody since 25.03.2021. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV (West), Muzaffarpur in connection with Saraiya P.S. Case No. 753 of 2020. (Prabhat Kumar Singh, J) vinita/- U T