Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59178 of 2022 Arising Out of PS. Case No.-158 Year-2022 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Rajan Kumar son of Pramod Sah, resident of Village-Kusha, P.S.-Shivhar, District-Shivhar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== 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 Sections 379, 411/34 of the Indian Penal Code. As per prosecution case as per F.I.R is that while the informant was waiting for a train at Platform No. 7 of Muzaffarpur Junction for coming to Chakia, two boys came and after snatching his mobile phone they started fleeing. On alarm, both of them were

Patna High Court CR. MISC. No.59178 of 2022(3) dt.04-02-2023 2/3 apprehended. They disclosed their names as the petitioer and co-accused Ankit Kumar. The mobile phone of the informant was recovered from the pocket of co-accused Ankit Kumar.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been roped in the present case only on the basis of suspicion. The petitioner is languishing in custody since 26.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Rail Judicial Magistrate, Sonpur, Saran at Chapra in connection with Muzaffarpur Rail P.S.

Patna High Court CR. MISC. No.59178 of 2022(3) dt.04-02-2023 3/3 Case No. 158 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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