Laxman Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26073 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== Laxman Rajak Son of Hira Rajak Resident of Village - Chamheda, P.S.- Ekangar Sarai, District - Nalanda ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 32024 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- EKANGARSARAI District- Nalanda ====================================================== Lalu Kumar Son of Yadu Chaudhari R/O Village- Chamerha, P.S.- Ekangarsarai, District- Nalanda.

... ... Petitioner

Versus

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

(In CRIMINAL Miscellaneous No. 26073 of 2021) For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr. Bisheshwar Ram (In Criminal Miscellaneous No. 32024 of 2021) For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr. Bisheswar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 20-12-2021 The applicants/accused in Crime No. 261 of 2020 registered with Ekangar Sarai Police Station for the offence punishable under section 379 of the Indian Penal Code, by this application are seeking their release on bail during pendency of the trial.

It is reported that the charge-sheet has already been

Patna High Court CR. MISC. No.26073 of 2021(4) dt.20-12-2021 2/3 filed.

Head both sides and perused the material placed before me including the FIR lodged by Punam Devi The first informant had reported that when she had been to the Bank, her two wheeler vehicle is stolen by some thieves.

Except confessional statement of the co-accused so also the accused persons there is no material to connect the applicant to the crime in question. The stolen two wheeler vehicle is also not recovered from both the applicants. In this view of the matter, pre-trial detention of both the applicants is not warranted and therefore, the order. The application is allowed.

The applicants/accused in Crime No. 261 of 2020 registered with Ekangar Sarai Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) each on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

Patna High Court CR. MISC. No.26073 of 2021(4) dt.20-12-2021 3/3 (II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him. (III) The applicant to remove all office objections forthwith and the Registry to issue certified copy of this order only after removal of office objections by the applicant/accused. (A. M. Badar, J) Ravi/- U T