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Patna High CourtCR. MISC./59041/2022allowed

Raj Kapur Ram @ Raj Kapoor v. The State Of Bihar

2023-02-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59041 of 2022 Arising Out of PS. Case No.-311 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Raj Kapur Ram @ Raj Kapoor Son Of Raj Kumar Paswan Resident Of Village-Chaudhry Mubarak Ali Nunfar, P.S. - Town Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that when the informant was sitting in a auto-rickshaw two persons stopped the vehicle and snatched mobile phone of a passenger. The informant tried to catch hold the accused

Patna High Court CR. MISC. No.59041 of 2022(2) dt.04-02-2023 2/3 but accused made firing which hit on the left ankle of informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The F.I.R has been lodged against unknown. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 17.05.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 311 of 2022, subject to the conditions as laid down

Patna High Court CR. MISC. No.59041 of 2022(2) dt.04-02-2023 3/3 under Section 438(2) of the Cr.P.C.

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