Raju Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.14004 of 2016 (3) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14004 of 2016 Arising Out of PS.Case No. -327 Year- 2014 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Raju Kumar son of Sri Jagannath Ray, resident of Village- Atwarpur, P.S.- Lalganj, District- Vaishali..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Paroo P.S. Case No. 327 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, 10-12 unknown miscreants boarded in Tata Sumo took away the truck loaded with Rakesh Masala and also snatched mobile, driving license and other papers. During investigation name of the petitioner transpired in confessional statement of coaccused Chandan Kumar @ Chhota Chandan, thereafter, witnesses also stated regarding their involvement in the crime. Submission is of false implication and that there is no legal and tangible material against the petitioner, after confessional statement the statement of two other witnesses have been recorded after long lapse of time, nothing has been recovered from possession of the petitioner, the said mini truck was recovered in abandoned condition

Patna High Court Cr.Misc. No.14004 of 2016 (3) dt.12-05-2016 and the petitioner is suffering in custody since 07.12.2015 but he has not been put on test identification parade.

Learned APP submits that the petitioner has got criminal antecedent also.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. S. Singh, J. M. Ist Class, Muzaffarpur in connection with Paroo P.S. Case No. 327 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T