CR. MISC./36072/2021 of RAJIV KUMAR RAI Vs The State of Bihar on 24 December 2021

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24-12-2021

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.36072 of 2021

Arising Out of PS. Case No.-163 Year-2017 Thana- JALALPUR District- Saran ======================================================

RAJIV KUMAR RAI S/o Rajendra Rai Resident of Village - Raiwari, P.S. -Kopa, District - Saran at Chapra.

... ... Petitioner/sVersus

The State of Bihar

... ... Opposite Party/s

======================================================Appearance :For the Petitioner/s: Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHYORAL ORDER

Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner has preferred this application for grantof regular bail in a case registered under section 394 of theIndian Penal Code.

As per the prosecution case, the accused persons fledaway with the informant’s motorcycle, clothes as also assaultinghim with the helmet.

It is submitted by learned counsel for the petitionerthat the FIR was registered against four unknown. The materialthat has transpired in course of investigation has been dealt withby the learned trial court in the order rejecting the applicationfor bail of the petitioner. Referring to the same it is submittedthat the name of the petitioner transpired in the confessional Spd/- UT

statement of a co-accused made before the police. Noincriminating article has been recovered from the petitioner’spossession. Inspite of being in custody since 24.2.2021 andchargesheet having been submitted in the case, the petitioner hasnot been put on T.I. parade.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties andtaking into consideration the facts and circumstances of the caseincluding the fact of chargesheet having been submitted, thepetitioner is directed to be enlarged on bail in connection withJalalpur P.S. Case no. 163 of 2017 on furnishing bail bond ofRs.10,000/- (Rupees Ten Thousand) with two sureties of the likeamount each to the satisfaction of the learned Additional ChiefJudicial Magistrate 9[th] , Saran at Chapra.

(Partha Sarthy, J)