Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76632 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Rajnish Kumar S/o Motilal Prasad @ Motilal Singh Resident Of VillageMath Lohiyar, Bhagtaha Tola,Ward no-10, Police Station- Harshidhi, DistrictEast Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 310(2) and 312 of the Bhartiya Nyaya Sanhita, 2023.
3. The case of the prosecution is that the informant his having a shop of medicine which is owned by Jay Kumar Singh and he is his staff. On 18.07.2024 at about 2 P.M. he was carrying certain cartons of medicines and a payment diary as he reached Bhatwaliya Bhawanipur, six persons on three bikes arrived and stopped the tempo and started demanding bag. It is further alleged that one of the miscreants assaulted with knife and another person fired but did not hit him. The miscreants
Patna High Court CR. MISC. No.76632 of 2024(3) dt.23-01-2025 2/3 took away the medicines cartons, one diary and rupees one lakh and fifty eight thousand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During the course of investigation in para-33 it has come that one spy disclosed the name of four persons including this petitioner. This petitioner has also given his confessional statement and except confessional statement there is nothing against him. Nothing has been recovered from his conscious possession. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.07.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. 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 released on bail in connection with Sangrampur P.S. Case No. 188 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,
Patna High Court CR. MISC. No.76632 of 2024(3) dt.23-01-2025 3/3 First Class, East Champaran at Motihari.
(Ashok Kumar Pandey, J) shubham/- U T