Raju Kumar @ Raju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11844 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Raju Kumar @ Raju Sahani Son of Dilip Sahni Resident of Vill.-Sarsaula, P.S.-Lakhaura, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Muffasil P.S Case No. 722 of 2023 registered for the offences punishable under Sections 414 of the I.P.C

3. As per prosecution case, petitioner is apprehended with stolen tempo.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that nothing recovered from the possession of the petitioner. It is next submitted that on

Patna High Court CR. MISC. No.11844 of 2024(2) dt.01-03-2024 2/3 perusal of the seizure list was no independent witness. It is also submitted that petitioner is in judicial custody since 15.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate / concerned court Motihari, East Champaran in connection with Muffasil P.S Case No. 722 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.11844 of 2024(2) dt.01-03-2024 3/3 be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T