Rakesh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60631 of 2022 Arising Out of PS. Case No.-251 Year-2017 Thana- BAJPATTI District- Sitamarhi ====================================================== Rakesh Jha Son Of Late Devendra Jha Resident Of Village- Kumhra Bishanpur, P.O.- Kumhra Bishanpur, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Barial For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.
As per allegation in the FIR, when the informant was returning to his house then three unknown miscreants looted the Motorcycle (Registration No. BR-30Q-0593), mobile phone and Rs. 39,000/- in cash.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.60631 of 2022(2) dt.03-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R nor he has been put on T.I.P. No any incriminating article has been recovered from the conscious possession of the petitioner and his name sprang up in this case on the basis of confessional statement of co-accused Suvesh Das, before the police, which has no evidentiary value in the eye of law. It is also submitted that petitioner is languishing in judicial custody since 2.7.2019. Moreover, similarly situated coaccused person has been granted Bail vide order dated 04.04.2018 passed in Cr. Misc. No. 9885 of 2018 by the Co-ordinate Bench of this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.60631 of 2022(2) dt.03-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Bajpatti P.S. Case No. 251 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi.
(Sunil Kumar Panwar, J) nirajkrs/- U T