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Patna High CourtCR. MISC./23014/2021bail granted

Sunil Rajbhar @ Dara Rajbhar v. The State Of Bihar

2021-11-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23014 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Sunil Rajbhar @ Dara Rajbhar S/o Jageshwar Rajbhar Resident of VillageMahadah, P.S.- Buxar (M), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in connection with Buxar (M) P.S. Case No. 213 of 2020 dated 07.07.2020 instituted for the offences under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant had alleged that on 17.07.2020 while he was working in the Bank of India at Mahadah Branch at about 12:05 PM there was electricity failure then four unknown persons entered in the bank and one of the accused had pistol who targeted the informant and thereafter it is alleged that they looted Rs. 4,61,600/-. Further, that the informant in the F.I.R. has specifically alleged that he can identify the accused persons. The learned counsel for the petitioner submits that the petitioner is in custody

Patna High Court CR. MISC. No.23014 of 2021(2) dt.17-11-2021 2/2 since 03.09.2020 but till date he has not been put on test identification parade when the informant in the F.I.R. has specifically alleged that he could have identified the accused persons. Learned counsel further submits that the charge-sheet has been submitted in the case.

Learned A.P.P. for the State vehemently opposes the bail application of the petitioner and submits that the petitioner has criminal antecedents on which the learned counsel for the petitioner submits that he has been falsely implicated in those cases. The learned counsel for the petitioner submits that the person is on bail in three cases and one case is pending adjudication.

Considering the fact that the petitioner is in custody since 03.09.2020, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing of 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, Buxar in connection with Buxar (M) P.S. Case No. 213 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T