Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17180 of 2021 Arising Out of PS. Case No.-216 Year-2014 Thana- WARISLIGANJ District- Nawada ====================================================== RAJA KUMAR Son of Ram Babu Prasad Resident of Village - Sharda Devi Imambara Road, Purani Sahar, Barbigha, P.S.- Barbigha, Distt.- Sheikpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner is apprehending his arrest in Warisaliganj P.S. Case No. 216 of 2014 registered under Section 394 of the Indian Penal Code.
Allegedly, four unknown persons looted away cash of the informant amounting to Rs. Two lakhs ten thousand and also
Patna High Court CR. MISC. No.17180 of 2021(2) dt.18-01-2022 2/3 assaulted him with fist.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per the prosecution case, the cash of Rs. two lakhs and ten thousand of the informant was looted away by the miscreants. The name of the petitioner has transpired in this case on the basis of confessional statement of the co-accused recorded u/S 161 Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any looted article from possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.17180 of 2021(2) dt.18-01-2022 3/3 Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 216 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T