Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76320 of 2024 Arising Out of PS. Case No.-508 Year-2024 Thana- DANAPUR District- Patna ====================================================== Md. Raju S/o Md. Ajij R/o vill- Buda Nagar, ward no. 18, p.s. - Islampur, distt. - Nalanda, at present Mohalla - Raja Bazar, Veterinary, P.S. - Hawai Adda, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ali Muqtadir Ahmad, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Danapur P.S. Case No. 508 of 2024 instituted for the offences under Sections 420, 356, 379, 411, 414 read with 34 of the Indian Penal Code.

3. As per prosecution case, the allegation has been made against the petitioner and other co-accused that they first tried to cheat the Informant by showing a gold like biscuit and failing to do so, they snatched her Jhumkas and tried to flee away unsuccessfully and was caught by the police. On search, the Informant's Jhumkas were recovered from their possession.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.76320 of 2024(2) dt.24-10-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He submits that the Informant has not made any allegation of sustaining any injury on her ear. There is also no injury report to corroborate the prosecution case. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.06.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner and the other co-accused persons under Sections 420, 356, 379, 411, 414 read with Section 34 of the I.P.C.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.76320 of 2024(2) dt.24-10-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Danapur P.S. Case No. 508 of 2024. (Rudra Prakash Mishra, J) rishi/- U T