Md. Mahtab Raja @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64680 of 2022 Arising Out of PS. Case No.-311 Year-2022 Thana- NAGAR District- Vaishali ====================================================== MD. MAHTAB RAJA @ RAJA SON OF MD. MUSTAK R/O MOHALLAMAGORHATA, MASJID CHOWK, P.S.- TOWN HAJIPUR, DISTT.- HAJIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and section 27 of the Arms Act. It is a case of snatching the mobile and opening fire which hit over left leg of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR nor he has been put on TIP. His name sprang up in this case on the basis of confessional statement of co-accused Md. Mahtab Raja. No incriminating article has been recovered from his possession. Similarly situated other accused person has already been enlarged on bail by another coordinate

Patna High Court CR. MISC. No.64680 of 2022(3) dt.05-04-2023 2/2 Bench of this Court vide order dated 4.2.2023 passed in Cr. Misc. No. 59041 of 2022. Petitioner is languishing in judicial custody since 17.05.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 311 of 2022.

(Sunil Kumar Panwar, J) sushma/- U