Rajan @ Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39774 of 2021 Arising Out of PS. Case No.-102 Year-2017 Thana- BARURAJ District- Muzaffarpur ====================================================== Rajan @ Anand Son of Rajendra Bhagat Resident of Village - Burhanpur, P.S.- Deoriya, Distt.- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Opposite Party/s :
Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 29.11.2020 seeks regular bail in connection with Baruraj P.S. Case No. 102 of 2017 registered for the offence punishable under section 395 of the Indian Penal Code.
The prosecution case in brief is that the informant Dhananjay Kumar gave a written report to the S.H.O. of Baruraj Police station, stating that on 6.9.2017, six persons came on three motorcycles at the shop of his younger brother and enquired whereabouts of one Ranjan Singh and not being satisfied with answer of the staff of the shop, they took Rs. 70000/- from cash box on the point of pistol. The informant
Patna High Court CR. MISC. No.39774 of 2021(2) dt.06-01-2022 2/3 apprehends that one Vikash Singh and Lal Mohammad with the help of some unknown persons have killed his father. It has been submitted on behalf of the petitioner that there was no question of apprehension and as such he has made specific prayer in para-9 of the bail petition that he was out of station to earn his livelihood and could not surrender due to no knowledge of his being implicated in the present. Learned counsel further submits that the petitioner is not named in the FIR and his name has surfaced on the confessional statement of one co-accused Sujeet Kumar. He submits that nothing has been recovered from his possession and no Test Identification Parade has been conducted so far.
He further submits that charge-sheet has already been submitted and the petitioner is in custody since 29.11.2020. He also submitted that co-accused Sujeet Kumar has been granted bail by the coordinate bench of this Court vide order dated 4.9.2018 passed in Cr. Misc. No. 54609 of 2018. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the facts and circumstances of the case and the material on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.39774 of 2021(2) dt.06-01-2022 3/3 satisfaction of Srif Mahendra Mishra, J.M. 1st Class, Muzaffarpur, in connection with Baruraj P.S. Case No. 102 of 2017 subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Ravi/- U T