Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76457 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Raj Kumar @ Raj Kumar Yadav Son of Ray Saheb Yadav Resident of Thengha, Police Station- Saur Bazar, Dist.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subesh Sharma, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sour Bazar P.S. Case No. 11 of 2024 instituted for the offences under Sections 392, 34 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that while the informant was on the way, the accused persons, variously armed, pushed his motorcycle and took Rs. 11,000/-, PAN card

Patna High Court CR. MISC. No.76457 of 2024(2) dt.25-10-2024 2/3 and other documents. On protest, the accused persons fired and trying to flee away but one of them was apprehended.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to enmity. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that charge-sheet has been submitted in this case and cognizance has also been taken against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.01.2024 and has three criminal antecedents. The co-accused person has already been granted bail by this Bench vide order dated 25.09.2024 passed in Cr. Misc. No. 46791 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.76457 of 2024(2) dt.25-10-2024 3/3 below/concerned Court in connection with Sour Bazar P.S. Case No. 11 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T