Sushil Patel @ Sushil Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48295 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- RAJEPUR District- East Champaran ====================================================== Sushil Patel @ Sushil Kumar Patel, Son of Ramtirath Patel, Resident of Village- Krisnanagra, P.S.- Madhuban, Dist- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Pandey For the Opposite Party/s :

Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 150 of 2017 registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. Three unknown motorcycle borne criminals are said to have looted cash of Rs. 60,000/- of the informant resorting firing in his hand.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with the aforesaid occurrence. He has been falsely implicated in this case on the confessional statement of co-accused, namely, Rajesh Rai in Madhuban P.S. Case no.

Patna High Court Cr.Misc. No.48295 of 2018(3) dt.28-09-2018 2/2 54/2018 due to animosity. Barring the aforesaid statement, there is nothing on record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He was not put on T.I.P. He has no criminal antecedent. He has been languishing in custody since 19.04.2018. Said Rajesh Rai has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 26.09.2018 passed in Cr. Misc. no. 51432 of 2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional S.D.J.M. Sadar, Motihari in connection with Rajepur P.S. Case No. 150 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T