Anil Rai @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21202 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== ANIL RAI @ ANIL KUMAR, aged about 19 years, Gender-Male, Son of Lalbabu Rai, Resident of Village - Teliya Banarsi Chowk, P.S.- Rajapakar, District - Vaishali at Hajipur.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ranjan Kumar Jha and Mr. Sachin Kumar, Advocates.
For the Opposite Party :
Mr. Upendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 414 and 34 of the I.P.C. The prosecution story, in brief, is that on self
Patna High Court CR. MISC. No.21202 of 2020(2) dt.02-07-2020 2/3 confession of the petitioner made in connection with Rajapakar P.S. Case No. 199 of 2019, the informant alongwith others including the petitioner raided the house of Sandeep Rai and apprehended him and recovered looted articles i.e., Tyre, Tube and various type of Chocolate Jars, packets of Chocolate. Same articles were also recovered from other co-accused Ratnesh Rai, Rajnikant, Rahul Kumar, Uday Pratap Singh, Vidya Bhushan,Sunil Kumar, Sunil Rai and Anil Rai (petitioner). It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 30.09.2019. The petitioner has been made accused in the present case due to mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The recovered articles have not been put on T.I. Parade to ascertain whether the same is looted articles or not.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, let the petitioner above named, be released on bail on his personal bond to the satisfaction of the learned A.C.J.M.-XIIIth-cum-Sub Judge, XIVth, Vaishali at
Patna High Court CR. MISC. No.21202 of 2020(2) dt.02-07-2020 3/3 Hajipur, in connection with Rajapakar P.S. Case No. 200 of 2019.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T