Saryu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30957 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Saryu Ram, Son of Late Shivnandan Ram, R/o-Banahi, P.S.-Pauthu, Distt.- Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Rafiganj P.S. Case No.237 of 2022 registered for the offences punishable under Sections 147, 148, 149, 452, 458, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The accused/petitioner is not named in the FIR and is in custody since 13.07.2022 4.

Allegation against the petitioner is commit theft in the house of informant along with unknown co-accused persons and while committing so, taken away cash of Rs.10,000/- belongs to informant. It is further alleged that occurrence took place with 15-20 unknown persons.

Patna High Court CR. MISC. No.30957 of 2023(3) dt.04-08-2023 2/3 5.

It is submitted by learned counsel that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused, Manish, in furtherance of which, no incriminating material recovered/surfaced as to connect the petitioner prima facie with the present occurrence of theft. It is submitted that the petitioner was not put on TIP as yet. While concluding argument, it is submitted that the petitioner was found involved in one more criminal case, where he is on bail and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as save and except suspicion arises out of confessional statement of co-accused, nothing appears incriminating against this petitioner as to connect him prima facie with present occurrence of theft, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 13.07.2022, accordingly, the petitioner, above-named, is directed to be released on bail

Patna High Court CR. MISC. No.30957 of 2023(3) dt.04-08-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No.237 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T