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Patna High CourtCR. MISC./71812/2022allowed

Rajiv Kumar v. The State Of Bihar

2023-04-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71812 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== RAJIV KUMAR Son of Late Shambhu Prasad Resident of Village - Jamuni Chak, P.S.- Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Sen Prasad Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, three unknown persons came on a motorcycle and on the point of gun snatched motorcycle, bag containing ATM Card, Pan Card, Mobile, Rs. 3,000/- and other materials.

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 petitioner has remanded in this case from another case on the basis of suspicion. The petitioner is neither named in the FIR nor has

Patna High Court CR. MISC. No.71812 of 2022(3) dt.07-04-2023 2/2 been put on T.I. Parade. He submitted that petitioner was arrested in connection with Barh P.S. Case No. 284 of 2022 and S.H.O. took several signatures of petitioner on blank white papers forcibly which might have been converted into seizure list and then implicated in the present case. He further submitted that no person will be punished twice for the same offence. He is languishing in judicial custody since 27.06.2022. The application for bail is opposed by learned APP for the State.

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 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 satisfaction of the learned A.C.J.M.-III, Barh (Patna) in connection with Bakhtiyarpur P.S. Case No. 194 of 2022.

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