Sujit Kumar @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47536 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sujit Kumar @ Sujeet Kumar S/O Nawal Yadav R/O Village- Herudiyara, P.S- Kasim Bazar, Distt.- Munger.
... ... Petitioner/s
Versus
The State Of Bihar & Anr.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Adv.
For the State :
Mr. Ram Bilash Roy Raman, APP For the Informant-Bank :
Mr. Purshottam Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2024 Heard Learned Counsel for the petitioner, Learned A.P.P. for the State and Learned Counsel for the South Bihar Gramin Bank.
2. The petitioner seeks regular bail in connection with Sessions Trial No.23 of 2024 arising out of Lakhisarai P.S. Case No. 145 of 2023 lodged on 27.02.2023, for the offences punishable under Section 392 of the Indian Penal Code and subsequently added sections 395, 412, 120(B) of the I.P.C read with sections 25(1-B)(a)/26 of the Arms Act.
3. As per the prosecution, FIR has been lodged against unknown accused persons against whom there is an allegation that they have committed dacoity from the bank and looted Rs.94,050/- from the locker room of the bank.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that petitioner has falsely been implicated in this case.
Patna High Court CR. MISC. No.47536 of 2024(6) dt.02-12-2024 2/3 Counsel further submits that the criminal antecedent of the petitioner is not clean as there is one criminal case pending against him. The petitioner is in custody since 24.04.2023 in the present case and he is ready to fulfill all the conditions whatsoever shall be imposed upon him. Counsel submits that one of the co-accused has been granted bail by the Co-ordinate Bench of this Court.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on previous occasion, report about the present stage of the trial has been called for and from the said report, it transpires that till today, out of seven witnesses, only one witness has been examined.
6. Learned Counsel for the Informant-Bank vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has been identified in the CCTV footage installed in the Bank. Counsel further submits that in the rejection order, it has come that the said motorcycle which was used in commission of crime bearing Registration No. BR-08N7527 has been recovered from the house of the petitioner. Counsel submits that charge has been framed in this case and Bank is ready to adduce evidences before the Trial Court within two months.
Patna High Court CR. MISC. No.47536 of 2024(6) dt.02-12-2024 3/3
7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
8. Superintendent of Police, Lakhisarai is directed to produce all the witnesses in connection with Sessions Trial No.23 of 2024 arising out of Lakhisarai P.S. Case No. 145 of 2023 before the Trial Court as early as possible as the South Bihar Gramin Bank has undertake that he shall produce all his witnesses whose name is there in the charge-sheet within two months.
9. Office is directed to transmit a copy of this order to the Superintendent of Police, Lakhisarai through fax, e-mail or any other mode forthwith. Office is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, Lakhisarai at his level.
10. Since, the case is magisterial triable, therefore, liberty is hereby granted to the petitioner that he may renew his prayer for bail after six months from today.
(Dr. Anshuman, J) Divyansh/- U T