Raju Pathak @ Rajeev Ranjan Pathak @ Rajeev Pathak @ Rajeev Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71962 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Raju Pathak @ Rajeev Ranjan Pathak @ Rajeev Pathak @ Rajeev Ranjan S/O Kamalkant Pathak R/V And P.O.- Dumariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 420, 467, 468, 379, 120(B)/34 of the Indian Penal Code. The prosecution story, in brief, is that FIR named accused persons after committing theft of a truck laden with sugar bag brought in the village and were trying to sell it to other traders. The police conducted raid and different number of bags of sugar were recovered from various persons. So far as this petitioner is concerned, five sacks of sugar was recovered from his house, as per seizure list.

Patna High Court CR. MISC. No.71962 of 2022(2) dt.17-03-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The alleged recovery of sugar bags which were seized from the house of the petitioner were purchased on price from market. It is further submitted that the petitioner is no concern with the alleged offence or with the co-accused persons. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated several co-accused persons are already getting the privilege of bail granted by different co-ordinate benches of this Court which were annexed as Annexure-3 series. It is further submitted that the petitioner is languishing in judicial custody since 6.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariyaghat P.S. Case No. 12 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.71962 of 2022(2) dt.17-03-2023 3/3 Chief Judicial Magistrate-I, Motihari, District- East Champaran.

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