Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61216 of 2022 Arising Out of PS. Case No.-405 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== NEERAJ KUMAR Son of Ram Jatan Mochi R/v- Champapur, Badlu Bagicha, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, some unknown persons stole a vanity bag from the wife of the informant containing one Oppo mobile phone with SIM Card, one Samsung mobile phone with SIM and Rs. 4000/- in cash and thereafter they fled away from the train.

Patna High Court CR. MISC. No.61216 of 2022(2) dt.29-03-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. The petitioner is not named in the F.I.R. So far as the alleged recovered mobile phone is concerned, the OPPO mobile phone was purchased by the petitioner from his neighbor namely Dharmendra Mahto @ Sukha Mahto at the cost of Rs. 5000/-and the petitioner has no knowledge with regard to the so called stolen mobile. Learned counsel has further submitted that the no Test Identification Parade has been conducted by the prosecution. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.07.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Additional Chief Judicial Magistrate, Patna Junction, Patna in connection with G.R.P. Patna (Bankaghat) P. S. Case No. 405 of

Patna High Court CR. MISC. No.61216 of 2022(2) dt.29-03-2023 3/3 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U