Raja Babu Dubey @ Rudra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73534 of 2022 Arising Out of PS. Case No.-753 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Raja Babu Dubey @ Rudra Son Of Ram Babu Dubey R/V- Bishahari, P.SPaharpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 393, 307 of the Indian Penal Code and 27 of the Arms Act. As per prosecution case, informant alleged that while he along with cash van was going from Chapra to Siwan. In the meantime some unknown miscreants intercepted and started indiscriminate firing due to which driver of the cash van got firearm injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither petitioner is named in the FIR nor any

Patna High Court CR. MISC. No.73534 of 2022(2) dt.21-03-2023 2/2 incriminating articles have been recovered from his conscious possession. Petitioner is not put on TIP, his name came into light merely on the basis of confessional statement of co-accused namely, Vivek Kumar, who has already been granted bail by a coordinate Bench of this Court vide order dated 22.03.2022 passed in Cr. Misc. No. 1375 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 27.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saraiya P.S. Case No. 753 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur.

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