Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9974 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- SARAI District- Vaishali ====================================================== Praveen Kumar Son of Surendra Singh Resident of Village- Sisauni Prabodhi, P.S. Sarai, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the State :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Sarai P.S. Case No. 63 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 01.01.2022.
The allegation against the petitioner is to commit dacoity, alongwith 9 to 10 co-accused persons, on the point of pistol and looted the pick-up van, belongs to the informant, loaded with tomato and also cash of Rs.10,000/- (Rupees Ten Thousand).
Patna High Court CR. MISC. No.9974 of 2022(3) dt.29-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced in the present case, as accused persons named each other during the course of the occurrence and on the basis of said suspicion, name of the petitioner surfaced in the present case. It is submitted that during the course of investigation, nothing surfaced in furtherance of confession to connect this petitioner, prima facie, with the present set of occurrence. It is pointed out that petitioner remanded in the present case from Sarai P.S. Case No. 322 of 2019. It is submitted that petitioner has not been put on T.I.P. as yet.
It is also submitted that similarly situated coaccused person has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 48444 of 2021 dated 16.02.2022. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie,
Patna High Court CR. MISC. No.9974 of 2022(3) dt.29-11-2022 3/3 with the present set of occurrence coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sarai P.S. Case No. 63 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Vaishali at Hajipur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T