Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65528 of 2023 Arising Out of PS. Case No.-341 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Raja Babu, aged about 20 years, male, son of Ajeet Ray, resident of villageRampur Keshopatti, P.S- Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Samastipur Muffasil PS Case No.341 of 2023 dated 16.07.2023, instituted under Sections 399, 402, 414/34, 120-B of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons was planning to commit robbery. The police upon getting information about the same reached to the place of occurrence and saw that five persons were sitting and on seeing the police they started running away. One person, namely, Subham @ Chotu, was apprehended by the police party while four persons succeeded to flee away on two motorcycles. On search, one loaded country-made pistol was recovered from

Patna High Court CR. MISC. No.65528 of 2023(2) dt.07-11-2023 2/2 the possession of the apprehended person. The apprehended persons disclosed the name of the petitioner and others.

4. Learned counsel for the petitioner submits that he has been falsely implicated in this case. Name of the petitioner has come in the confessional statement of the apprehended person. Learned counsel further submitted that except the confessional statement of the co-accused there is nothing against the petitioner. It is further submitted that the petitioner has clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM- II, Samastipur, in Samastipur Muffasil PS Case No.341 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T