← Library
Patna High CourtCR. MISC./65709/2023allowed

Raju Kumar Singh @ Raju Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65709 of 2023 Arising Out of PS. Case No.-307 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Raju Kumar Singh @ Raju Kumar Son Of Late Tej Narayn Singh @ Tej Kumar Singh Village- Nawadaben Ps- Udwantnagar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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 458, 380 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused person is that they entered in the house of the informant and they took away of Rs. 40,000/- and also took ornament about Rs. 1,00,000/- and this petitioner was apprehended by the villagers.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. Nothing incriminating article has been recovered from his

Patna High Court CR. MISC. No.65709 of 2023(2) dt.17-10-2023 2/2 conscious possession. There is delay of 13 days in lodging the FIR without explaining the reason of delay. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dt. 10.10.2023. in Cr. Misc. No. 63696 of 2023. Moreover, he is languishing in judicial custody since 10.08.2023.

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 Udwant Nagar (Gajrajganj) P.S. Case No. 307 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

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