Rajbir @ Rajveer Kumar @ Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2884 of 2025 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Rajbir @ Rajveer Kumar @ Bhushan Kumar S/o Ramadhin Ram @ Ramadhin Rai R/o Village- Naya Tola Simiri, P.S.- Bakhtiyarpur, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rashmi Sharma, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 531 of 2023, instituted for the offences punishable under Section 395 of the Indian Penal Code.
3. The prosecution case, in short, is that, the informant is the Area Manager of 'Ashirvad Micro Finance Ltd.' and he is posted at Akhorigola. It is alleged that some unknown persons attacked his branch and looted away gold, cash of Rs. 2,11,245/- and other articles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.2884 of 2025(2) dt.24-01-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused namely, Nitish Kumar and the same has got no evidentiary value. It is next submitted that no any looted article has been recovered from the possession of the petitioner. Recovery of 3955 gm of gold has been made from the rented house of co-accused namely, Krishna Murari. The petitioner is in custody since 22.10.2024 and has got three criminal antecedents in which he is on bail in two cases. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 10.01.2025 passed in Cr. Misc. No. 663 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.2884 of 2025(2) dt.24-01-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barbigha P.S. Case No. 531 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T