Hani Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15477 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== Hani Raj, aged about 22 years, Male Son of Late Lakhindra Sah, Resident of Village - Thikha Kothi, P.S. - Kathaiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rahika PS Case No. 225 of 2023 instituted for the offences punishable under Sections 395, 397, 412, 414, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, some miscreants have looted the Canara Bank by making firearm injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. The name of the petitioner has been dragged in the present case only on the basis of

Patna High Court CR. MISC. No.15477 of 2024(2) dt.12-03-2024 2/3 confessional statement of co-accused Md. Sonu Alam. In course of investigation except the confessional statement nothing has come to connect the petitioner with the alleged occurrence.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-III, Madhubani dated 15.01.2024, it appears that petitioner is named in the FIR and has not been arrested at the spot, his name surfaced from the confessional statement of co-accused Md. Sonu Alam, who has been arrested on the spot. Petitioner is in custody since 23.10.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Madhubani in connection with Rahika PS Case No. 225 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.15477 of 2024(2) dt.12-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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