Raju Kumar @ Chhotu Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1916 of 2025 Arising Out of PS. Case No.-209 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Raju Kumar @ Chhotu Mistry S/o Basant Ram R/o vill - Manpur, Shivcharan Lane, P.S. - Buniyadganj, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Buniyadganj P.S. Case No. 209 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, the accusation has been made against the accused persons including the petitioner of being involved in the commission of robbery of Rs. 5,000/- as well as mobile phones from the Informant and his relative.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the
Patna High Court CR. MISC. No.1916 of 2025(2) dt.21-01-2025 2/3 present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case during investigation. He further submits that one Babloo Kumar was arrested in Buniyadganj P.S. Case No. 237 of 2024 in which he made confession in which he has taken the name of the petitioner as his associate. He further submits that no mobile or stolen article has been recovered from the conscious possession of the petitioner or even from the possession of the other coaccused. No Test Identification Parade has been conducted in this case. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.10.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,
Patna High Court CR. MISC. No.1916 of 2025(2) dt.21-01-2025 3/3 let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Buniyadganj P.S. Case No. 209 of 2022.
(Rudra Prakash Mishra, J) rishi/- U T