Uttam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38224 of 2021 Arising Out of PS. Case No.-285 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== UTTAM RAI Son of Pragas Ray Resident of Village- Angoa, Jajuar, P.S. Katra, District Muzaffarpur -843360 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Nanpur P.S. Case no. 285 of 2019 registered for the offence punishable under section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 11.2.2020 and charge sheet has been submitted. Learned counsel for the petitioner further submits that allegation is of looting Rs 3 lac from the informant and his companion along with mobile by unknown miscreants on 11.8.2019. Learned counsel submits that FIR was against unknown and name of the petitioner has come in the confessional statement of Rajesh Das and till date he has not been put on TI parade. Learned counsel submits that confessional statement has no evidentiary value in the eye of law at the time of trial.

Learned APP opposes the prayer for bail and submits that

Patna High Court CR. MISC. No.38224 of 2021(2) dt.13-12-2021 2/2 the petitioner has antecedent of 10 cases as mentioned in para 3 of the bail petition.

Considering the facts that petitioner is in jail custody, charge sheet has been submitted and his name has come in the confessional statement of co-accused and he has not been put on TI parade till date, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Pupri District Sitamarhi in Nanpur P.S. Case no. 285 of 2019 with condition that petitioner will keep marking his attendance in between 20-25 of every month commencing from January, 2022 till framing of the charge, the concerned police station will report to the learned court below on 28th of every month commencing from January, 2022 as to whether the petitioner in between the aforesaid dates has marked his attendance or not, if in the event it is reported that the petitioner has not marked his attendance in any of the month between the aforesaid dates, prior to framing of the charge, the learned court below will proceed to cancel his bail bond.

(Satyavrat Verma, J) s.hassan/- U T