Md. Raja @ Md. Raja Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77776 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Raja @ Md. Raja Hussain S/O Shakur R/O Village- Basantpur, Belwari Tola, Pokharia, P.S- Sadar, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 395 and 412 of the Indian Penal Code.

3. As per allegation in the FIR, four miscreants came to one maize godown in which informant was engaged as supervisor and tied the hands of security guard Vishnu Rai and his wife Sunita Devi. It is further alleged that three more accused persons came there with one vehicle DCM-06 and on pistol point looted 227 maize bags from godown and also looted a mobile and three hundred rupees from the security.

Patna High Court CR. MISC. No.77776 of 2024(3) dt.10-01-2025 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR rather his name appeared in confessional statement of co-accused Mubarak Khan from whose possession, looted mobile was recovered. Save and except confessional statement, nothing has come against the petitioner. No any looted article was recovered from possession of the petitioner. Other accused person has already been enlarged on bail by this Court vide order dated 18.10.2024 passed in Cr. Misc. No. 74368 of 2024 and the case of the petitioner stands on better footing. Petitioner is languishing in judicial custody since 09.07.2024.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner has got three criminal antecedents in which two cases are of same nature.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.77776 of 2024(3) dt.10-01-2025 3/3 of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 329 of 2024. (S. B. Pd. Singh, J) sushma/- U