Raja Babu @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73654 of 2023 Arising Out of PS. Case No.-425 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== RAJA BABU @ RAJA KUMAR SON OF BIJAY YADAV @ VIJAY RAI RESIDENT OF VILLAGE - PRANPUR, P.S. - TISIAUTA, AT PRESENT P.S. - BIDUPUR, DISTRICT - VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivanand Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bidupur P.S.Case no.425 of 2019 registered under sections 279 and 379 of the Indian Penal Code.

3. As per the prosecution case, the informant states that two accused persons on a motorcycle dashed against his motorcycle and on the informant falling down, they forcibly took away his motorcycle.

4. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional

Patna High Court CR. MISC. No.73654 of 2023(2) dt.29-11-2023 2/2 statement of coaccused Shushil Kumar made in one another ie Bidupur P.S. Case no. 450 of 2019. No incriminating article has been recovered from the petitioner's possession. He is in custody since 11.7.2023 and has no criminal antecedent. The cause of false implication is the petitioner's antecedent. Chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the nature of material that has transpired in course of investigation as is evident from the order of the learned trial Court, the petitioner being in custody since 11.7.2023, no incriminating having been recovered from his possession and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bidupur P.S. Case no. 425 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur.

(Partha Sarthy, J) Bibhash/- U