Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58267 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== RAM KUMAR S/O RAMUCHIT DAS @ UCHIT DAS R/O VILLAGEHARIPUR GHAT P.S.- KHANPURA , DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 36 of 2022, registered for the offence punishable under Sections 392 and 411 of the Indian Penal Code in which the police has submitted for offences punishable under Sections 395 and 412 of the Indian Penal Code.

The allegation is regarding the informant, who is a delivery boy, having gone to his office at Singhia on his motorcycle, however, on the way, he was waylaid by four unknown miscreants,

Patna High Court CR. MISC. No.58267 of 2022(2) dt.06-01-2023 2/3 whereafter, his mobile phone, cash sum of Rs. 9,038/-, courier parcel containing articles and his motorcycle were snatched.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 26.02.2022. It is submitted that the petitioner is an accused in four other cases. It is also submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any looted articles have been recovered from his possession, hence, the petitioner is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact

Patna High Court CR. MISC. No.58267 of 2022(2) dt.06-01-2023 3/3 that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any looted articles have been recovered from his possession, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Judge-IV, Rosera, Samatipur in connection with Hasanpur P.S. Case No. 36 of 2022.

(Mohit Kumar Shah, J) Ajay/SonalU T