Raj Kumar @ Ram Bhagat @ Ram Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8699 of 2022 Arising Out of PS. Case No.-125 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Raj Kumar @ Ram Bhagat @ Ram Kumar Bhagat Son of Ganesh Bhagat Resident of Village - Basatola Golma, Police Station - Saur Bazar (Patarghat O.P.), District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 125 of 2021 instituted for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 14.09.2021, charge-sheet has been submitted in the case and has antecedent of three cases. As per the prosecution case, four accused persons on the point of pistol looted the informant of Rs. 84,000/- in cash, a

Patna High Court CR. MISC. No.8699 of 2022(2) dt.06-07-2022 2/3 gold chain as also a mobile phone.

Learned counsel for the petitioner submits that the F.I.R. was lodged against the four persons. The name of the petitioner transpires on the confessional statement of one coaccused namely, Hira Yadav. 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 done yet. Further, it is submitted that the petitioner was in custody in Saur Bazar 188 of 2021 from which case, he was remanded in the present case on 14.09.2021. It is further submitted that another co-accused namely, Brajesh Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 11.04.2022 passed in Cr. Misc. No. 60729 of 2021. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 14.09.2021 and 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 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 125 of 2021,

Patna High Court CR. MISC. No.8699 of 2022(2) dt.06-07-2022 3/3 subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

(3) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) Gaurav Kumar/- U T