Rajesh Singh @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60623 of 2022 Arising Out of PS. Case No.-422 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rajesh Singh @ Raja, S/o Late Jaun Singh, R/o Naya Tola, Gurab Ganj, P.S.- Kodha, Distt-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No.422 of 2022 registered for the offence punishable under Sections 413, 414 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act. The petitioner along with co-accused Pappu Yadav, who was riding the motorcycle, has been arrested. Learned counsel for the petitioner draws attention of the Court towards the seizure memo to submit that no recovery has been attributed of any incriminating material against the petitioner. The mobile phone was in his bona fide possession. Other than that, the ten thousand rupees is also under his normal bona fide possession. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.60623 of 2022(2) dt.24-01-2023 2/3 in this case by alleging that the cash recovered from him is amount of loot from an earlier incident. He has no antecedents and has become a victim of circumstance because he was near the place from where the police had come to verify certain information. He is in custody since 22.05.2022. Co-accused Pappu Yadav has been allowed bail in Cr.Misc. No.56463 of 2022.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, nature of implication, his clean antecedents and period of custody, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, in connection with Lakhisarai P.S. Case No.422 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy

Patna High Court CR. MISC. No.60623 of 2022(2) dt.24-01-2023 3/3 as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T