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Patna High CourtCR. MISC./60766/2023allowed

Rajnish Kumar @ Prakash @ Bhuwar v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60766 of 2023 Arising Out of PS. Case No.-365 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== RAJNISH KUMAR @ PRAKASH @ BHUWAR S/O UMASHANKAR RAI R/O VILLAGE- MANACHAK, PS. KOILWAR, DIST. BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 411, 395, 412 of the Indian Penal Code.

3. As per prosecution case, while the informant was going bank after collecting cash of Rs. 4,99,520/- meanwhile the one persons snatched his money and tried to flee away who was apprehend after chase. Accordingly, the present Fir was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in the present case on the basis of confessional statement of coaccused Md. Taj Ali who was apprehended on spot. Neither the

Patna High Court CR. MISC. No.60766 of 2023(2) dt.05-10-2023 2/2 petitioner was put on TI Parade no any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 26.6.2023. Moreover, similarly situated co-accused namely, Rambhu Chaudhary has already been granted bail by a co-ordinate Bench of this Court vide order dt. 7.8.2023 passed in Cr. Misc. No. 49411 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Town P.S. Case No. 365 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Amandeep/- U T