Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77270 of 2023 Arising Out of PS. Case No.-327 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Raju Kumar Son Of Late Suresh Singh R/O Village- Ram Nagra, Ward No.6,P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one motorcycle and one mobile phone from the possession of the petitioner and other incriminating articles from the coaccused persons.

Patna High Court CR. MISC. No.77270 of 2023(3) dt.27-02-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that nothing has been recovered from the possession of the petitioner but the police afterthought implicated the petitioner showing recovery of a motorcycle, which is not theft rather the same was of the accused, who managed to escape from the place of occurrence. No incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused, who apprehended on spot has already been granted bail by a Co-ordinate Bench vide order dated 20.02.2024 passed in Cr. Misc. No. 9829 of 2024. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.77270 of 2023(3) dt.27-02-2024 3/3 satisfaction of the learned A.C.J.M.-VI, Sitamarhi in connection with Riga P.S. Case No. 327 of 2023.

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