Raja Kumar @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70271 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== RAJA KUMAR @ RAJ KUMAR S/O LAKSHMAN MANDAL R/o villageKumhra Vishunpur, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr. A L Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Bajpatti PS Case No. 100 / 2021 registered under Section 392 of the IPC.

Allegation in nutshell is that four accused persons intercepted the informant and snatched his motorcycle bearing Registration No. BR30U6884 and one Vivo mobile phone. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated by the police with oblique motive. Learned counsel further submits that no incriminating and /or looted article has been recovered from the conscious possession of the petitioner. Learned counsel also submits that name of petitioner has transpired on the basis of confessional statement of the co-accused / Yuvraj Kumar who has been enlarged on bail by a Co-ordinate Bench of this court vide Cr. Misc. No. 53267 / 2021. He next submits that two similarly

Patna High Court CR. MISC. No.70271 of 2021(2) dt.24-05-2022 2/2 situated co-accused namely, Saurabh Kumar and Awadhesh Kumar have also been granted bail by different co-ordinate Benches of this Court vide Cr. Misc. Nos. 54378 / 2021 & 44436 / 2021 respectively. The petitioner has got no criminal antecedent, he is in custody since 25-08- 2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 25/08/2021, charge sheet has already been submitted, there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail and similarly situated co-accused persons have been granted bail, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri, Sitamarhi in connection with Bajpatti PS Case No. 100 of 2021.

praful/- (Anil Kumar Sinha, J) U T