Rambali Ram @ Rambali Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29091 of 2021 Arising Out of PS. Case No.-775 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== RAMBALI RAM @ RAMBALI RAUT S/O PATORI RAM @ RAM SOGARATH RAM R/O VILLAGE-NONIYA PATTI, P.S. AND DISTRICTKHAGARIA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal, Adv.
For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-02-2022 Heard Mr. Praveen Kumar Agrawal, learned counsel for the petitioner and Mr. Dashrath Mehta, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Khagaria PS Case No. 775/2020 registered for the offence punishable under Sections 461, 379, 411 of the IPC. As per First Information Report, a theft was committed in the shop of the informant and with the help of CCTV Camera installed in the house of one Ratan Bajaj near Godown, it was detected that four unknown persons were taking away the stolen goods on a Thela towards Noniapatti Babuaganj and on the basis of physical appearance of the petitioner in the said CCTV footage, he has been implicated in this case.
Patna High Court CR. MISC. No.29091 of 2021(3) dt.15-02-2022 2/3 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of his physical appearance in the CCTV during course of inquiry. He further submits that no looted/stolen article has been recovered from the possession of the petitioner, the petitioner has not been put on TIP and he is in custody since 22.01.2020.
This Court vide order dated 06.12.2021 had called for a report regarding stage of trial from the court of Chief Judicial Magistrate, Khagaria and in pursuance thereof, a report has been received vide Letter No. 38 dated 23.12.2021 and from perusal of the same, it would be evident that on 16.12.2021 charges have been framed but since then no witness has been examined. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 22.01.2020 having no criminal antecedent, no stolen material has been recovered from his possession and he has not been put on TIP, I am inclined to grant regular bail to the petitioner subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
Patna High Court CR. MISC. No.29091 of 2021(3) dt.15-02-2022 3/3 Accordingly, let the petitioner, RAMBALI RAM @ RAMBALI RAUT be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria PS Case No. 775/2020.
(Anil Kumar Sinha, J) perwez U T