Saroj Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5154 of 2022 Arising Out of PS. Case No.-40 Year-2020 Thana- KHAIRA District- Saran ====================================================== Saroj Nat Son of Late Dinanath Nut Resident of Village- Mangolpur, P.S.- Jalalpur, District- Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Khaira (Nagra O.P.) P.S. Case No. 40 of 2020 instituted for the offences under Sections 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 16.06.2021, charge-sheet has been submitted in the case and has antecedent of 6 cases. As per allegations in the F.I.R, seven accused persons on three motorcycles are stated to have robbed the office of the informant of Rs. 1,11,000/- approx on the point of pistol. The informant gives the description of the accused persons and also mentions about CCTV footage by order dated 09.04.2021 passed in Cr. Misc. No. 36218 of 2020, the Court had also called

Patna High Court CR. MISC. No.5154 of 2022(2) dt.08-06-2022 2/3 for CCTV footage from the learned Court below. As per the communication received contained in letter dated 05.05.2021, no CCTV footage has been received by the police authorities. The fact is mentioned in the order of a coordinate Bench of this Court dated 16.08.2021 passed in Cr. Misc. No. 36218 of 2020.

Learned counsel for the petitioner submits that F.I.R. was registered against seven unknown persons. During the course of investigation, the name of the petitioner came in the confessional statement of the co-accused. It is further submitted that no incriminating articles have been recovered from the possession of the petitioner. Till date, no Test Identification Parade (T.I.P.) has been held in this case. It is further submitted that co-accused namely, Pankaj Kumar has been granted bail in this case by a co-ordinate Bench of this Court vide order dated 16.08.2021 passed in Cr. Misc. No. 36218 of 2020. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 16.06.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two

Patna High Court CR. MISC. No.5154 of 2022(2) dt.08-06-2022 3/3 sureties of the like amount each to the satisfaction of learned 8th Additional Sessions Judge, Saran at Chapra in connection with Khaira (Nagra O.P.) P.S. Case No. 40 of 2020. (Khatim Reza, J) Gaurav Kumar/- U T