Rajnikant Kumar @ Rajanikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65809 of 2023 Arising Out of PS. Case No.-137 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== Rajnikant Kumar @ Rajanikant S/O Chandeshwar Rai Resident Of VillageGangajal, Panchayat- Bakarpur, Ps- Rajapakar, Dist- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 365 and 395 of the Indian Penal Code.

3. Allegation against the miscreants is that they snatched the bolero pickup van of the informant in which his driver and one khalaasi were boarded. It is further alleged that his driver is still traceless.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. FIR is against unknown. He has falsely been implicated in this case. The name of the petitioner came into light in this case on the basis of confessional statement of co-accused person before the

Patna High Court CR. MISC. No.65809 of 2023(2) dt.01-11-2023 2/2 police which has got no evidentiary value in the eye of law and he has already been granted bail by another co-ordinate Bench of this Court vide order dt. 06.11.2020 in Cr. Misc. No. 24973 of 2020. Nothing has been recovered from the possession of the petitioner and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 20.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajapakar P.S. Case No. 137 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-XI, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) sushma/- U