Akshay Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5287 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- DUMRAO District- Buxar ====================================================== AKSHAY LAL RAI Son of Jhanjhatu Ray @ Ram Lal Ray Resident of Village - Baraki Bharauli, P.s.- Nawanagar, Distt.- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dumraon P.S. Case No. 299 of 2021 registered for the offence under Section 395 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 23.11.2021.

The allegation against the petitioner is to commit dacoity, while so taken away cash of Rs. 7,00,000/-, golden jewellery, mobile phone, etc. from Utkarsh Smart Finance Bank, where the informant was employed as Guard.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.5287 of 2022(2) dt.28-06-2022 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused after apprehending in Dumraon P.S. Case No. 326 of 2021. It has further been submitted that the petitioner is man of clean antecedent and further no TIP has been conducted under Section 54(A) of the Cr.P.C. It has further been submitted that nothing incriminating material has surfaced during course of the investigation, which may connect the petitioner with the present set of occurrence and moreover charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that name of the petitioner surfaced on the basis of confessional statement of co-accused.

Considering the facts and circumstances as mentioned above, as the name of the petitioner surfaced on the basis of the confessional statement of the co-accused, leading no recovery, which may connect or incriminate the petitioner with the present set of occurrence coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Dumraon P.S. Case No. 299 of 2021 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.5287 of 2022(2) dt.28-06-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Md. Jhanjhatu Ray @ Ram Lal Ray, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T