Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67613 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- GORAUL District- Vaishali ====================================================== RANDHIR KUMAR, aged about 23 years, Male, Son of Singheshwar Rai, Resident of Village - Rajapakar (Purvi Tola), P.s.- Rajapakar, Distt.- Vaishali. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sabal Kumar Jha, Advocate.

For the Opposite Party :

Mr.Satyadeo Singh Yadav,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 395 of the IPC.

The prosecution story, in brief, is that the informant runs a shop in the name and style of Manoj Jewellers at Sumerganj Bazar. It is further stated that on 27.05.2019 at about 12.40 P.M., he was sitting in his shop counter. In the meantime, one man of small height came at the shop and told him that he wants to take golden Dholna. Then the informant showed the five gold Dholna in a red tray, in the meantime, four persons entered into his shop and one of them took out the pistol then

Patna High Court CR. MISC. No.67613 of 2019(2) dt.05-11-2019 2/3 the informant ran out from the shop and he also raised alarm and pelted bricks upon the miscreants. In the meantime, accused persons taking one Kilo Ornaments worth Rs. 26,00,000/- from the locker of the said shop and fled away with their respective Motorcycle.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 10.07.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. He has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Vaishali at Hajipur, in connection with Goraul (Kathera O.P.)

Patna High Court CR. MISC. No.67613 of 2019(2) dt.05-11-2019 3/3 P.S. Case No. 161 of 2019.

U.K./- (Sudhir Singh, J) U T