Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1202 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== RAJA KUMAR Son of Late Ashok Sahni R/v- Pirakhpur, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratneshwar Prasad For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 467, 468, 420, 414/34 of the Indian Penal Code.
The allegation against the petitioner is to have in possession of one motorcycle bearing Reg. No. BR06BD-9569 and 30 ATM Cards without any explanation, where it is alleged that petitioner to have indulged in withdrawing the money from the ATM by using fraudulent means.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession or residential house of the
Patna High Court CR. MISC. No.1202 of 2023(2) dt.27-03-2023 2/2 petitioner as alleged in FIR. It is further submitted that the seizure list witnesses are police personnel's and not even a single independent witness has supported the prosecution case along with seizure list. The recovered motorcycle is of coaccused Vikash Kumar, who has already been granted bail by a coordinate Bench of this Court vide order dated 25.02.2023, passed in Cr. Misc. No. 64257 of 2022. Petitioner is languishing in judicial custody since 25.08.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
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 Simri P.S. Case No. 158 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Darbhanga. (Sunil Kumar Panwar, J) Manish/- U T