Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87783 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Raja Kumar Son of Vijay Yadav @ Vijay Kumar village- Nehalpatti Maruwaha, Ward no. 6, PS- Bharahi OP, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307/34 and 379 of the Indian Penal Code, later on Section 414 IPC was added and Section 27 of the Arms Act.

3. As per the prosecution case, three motorcycle borne miscreants are said to have opened fire upon the informant sustaining gun shot injury to him, while the Bhagina of the informant tried to save him, he was also assaulted and the miscreants snatched two mobile phones.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.87783 of 2024(2) dt.29-01-2025 2/2 The petitioner and co-accused, Sagar Kumar have no role in the alleged offence, except their selfie photo with Dilkhush Kumar found in the looted mobile phone. It is further submitted that the petitioner has no knowledge about the said stolen mobile which was purchased by his friend. It is further submitted that no test identification parade was conducted. Several similarly situated co-accused have been enlarged on bail by a co-ordinate Bench of this Court vide Annexure-P/3 series to this application. The petitioner has no criminal antecedent and has been languishing in custody since 10.07.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Saur Bazar P.S. Case No.185 of 2023. (Anjani Kumar Sharan, J) Trivedi/- U T