Raja Ray @ Sanjay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29715 of 2024 Arising Out of PS. Case No.-340 Year-2022 Thana- SONEPUR District- Saran ====================================================== Raja Ray @ Sanjay son of Subhash Ray Village -Chhitarchak PS- Sonpur Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for an offence punishable under Sections 395 of the Indian Penal Code.
3. As per allegation in the FIR, while the informant who is cashier of Uttar Bihar Grameen Bank, Govindchak, Sonepur, was on duty on 18.05.2022, 6-7 unknown persons entered into the bank, looted all cash and articles available in the bank and they fled away. After verification, it has been found by the informant that total Rs.5,96,000/- along with mobile has been looted by the unknown persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29715 of 2024(2) dt.19-04-2024 2/3 petitioner has falsely been implicated in this case. The petitioner is not named in the FIR and his name surfaced on the basis of confessional statement of co-accuse Kunal Kumar. He next submits that similarly situated co-accused has already been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 72702 of 2022 vide order dated 28.06.2023 and Cr. Misc. No.14191 of 2023 vide order dated 11.05.2023. Petitioner is in custody since 25.01.2024.
5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.
6. In view of the aforesaid facts and submissions of learned counsel for the petitioner, let the above named petitioner 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 CJM, Chapra in connection with Sonepur P.S. Case No. 340 of 2022 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.29715 of 2024(2) dt.19-04-2024 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
(Ramesh Chand Malviya, J) Mayank/- U T