Rajan Kumar @ Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75551 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- PUSA District- Samastipur ====================================================== Rajan Kumar @ Ranjan son of Late Nathuni Mahto @ Nathuni Singh villageGannipur Bhanpur P.S. - Baligaon Dist - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Suman Kumari Singh, APPs ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Pusa P.S. case No. 101 of 2023 instituted for the offences under Sections 392 and 411 of the Indian Penal Code.

3.

Prosecution allegation, in short, is that while the informant was sitting with another person at his shop, three unknown persons came and looted Rs. 50,000/- and a mobile phone from the informant.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessionsal

Patna High Court CR. MISC. No.75551 of 2024(2) dt.25-10-2024 2/2 statement of co-accused, namely, Pankaj Kumar Ray, which has no evidentiary value. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 27.03.2024. The petitioner has as many as 3 criminal antecedents as has been stated in paragraph 3 of the bail application. Other co-accused has been granted bail by this Court vide order dated 04-09-2024, passed in Cr. Misc. No. 61914 of 2024.

5.

Learned A.P.P. 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 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pusa P.S. case No. 101 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T