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Patna High CourtCR. MISC./71575/2024bail granted

Rajtilak Kumar @ Rajtilak Sah @ Tilak Raj @ Rajtilak v. The State Of Bihar

2024-12-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71575 of 2024 Arising Out of PS. Case No.-230 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rajtilak Kumar @ Rajtilak Sah @ Tilak Raj @ Rajtilak S/o- Ram Ratan Sah R/o- W.No-4, Barapura Ps- Birpur Dist- Begusrai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Begusarai Muffasil P.S. Case No. 230 of 2024, instituted for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, while the informant was returning to his house, at that time three unknown miscreants intercepted him and also fired upon him due to which he fell down on the road. The miscreants looted silver and gold articles along with cash of Rs. 20,000/- from him and also shot him causing five injuries on his body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.71575 of 2024(3) dt.03-12-2024 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused Natwar Kumar and the same has got no evidentiary value. It is further submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 17.06.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Muffasil P.S. Case No. 230 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T