Raj Kumar Ram v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33306 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raj Kumar Ram, son of Late Mohan Ram, resident of Village Belagola, Harinagar, P.S. Ramnagar, District West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar
2. The National Central Cooperative Bank Limited Bettiah, West Champaran, Branch Ramnagar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Anand Kishore Choudhary For the State : Mr. Shyam Kumar Singh For opposite party no. 2 : Mr. Suman Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner, learned counsel for the National Central Cooperative Bank Ltd., Bettiah, West Champaran (opposite party no. 2) and learned APP for the State.
Petitioner seeks bail in connection with Ramnagar P.S. Case No. 132/2016 for offences punishable under Sections 394, 412 of the Indian Penal Code.
The prosecution case has been lodged by the police personnel on the written report of the Branch Incharge that while two Bank employees were carrying Rs. 8 lakhs, three unknown miscreants snatched the bag containing the money. The police personnel found two persons running with the bag and local
Patna High Court Cr.Misc. No.33306 of 2017 (7) dt.21-09-2017 2/3 persons were chasing them. Co-accused Md. Samir was apprehended and from his possession the bag containing Rs. 8 lakhs were recovered along with mobile, which he confessed that the same belonged to co-accused Chhote Khan.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been falsely implicated in the aforesaid case. He submits that he is languishing in judicial custody since 17.12.2016, charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that no T.I. Parade has been done so far and nothing has been recovered from his conscious possession. It is submitted that the apprehended co-accused, from whom money was recovered, has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 1379 of 2017 on 10.08.2017.
However, learned counsel for opposite party no. 2 submits that money has been released in favour of the Bank. Learned APP for the State is also present.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on
Patna High Court Cr.Misc. No.33306 of 2017 (7) dt.21-09-2017 3/3 bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Ramnagar P.S. Case No. 132/2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T