Rajendra Prasad Sah @ Rajendra Sah @ Rajendra Prasad Sahu @ Rajendra Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79961 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Rajendra Prasad Sah @ Rajendra Sah @ Rajendra Prasad Sahu @ Rajendra Sahu Son Of Late Ramdeo Sah R/O Village- Kalapatti Barhi, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagandeo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 section 395 of the Indian Penal Code.

3. Allegation against unknown miscreants is that they committed loot of 1.5 kg of silver, 500 grams of gold, Rs. 1.5 lakhs, 25 kg jewellery of silver, 750 grams jewellery of gold and some other articles from the jewellery shop of the informant.

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. The petitioner is not named

Patna High Court CR. MISC. No.79961 of 2023(2) dt.13-12-2023 2/2 in FIR rather his name came into light in this case on the basis of confessional statement of arrested co-accused person, namely, Mithun Kumar before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put TIP as yet. Moreover, he is languishing in judicial custody since 01.05.2023.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulparas P.S. Case No. 180 of 2023 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.-II, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Shubham/- U T