Pravesh Ram @ Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29630 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Pravesh Ram @ Pravesh Kumar, Son Of Late Ramchandra Ram, R/O- VillBaidhnathpur, P.S.- Sahebganj, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sahebganj P.S. Case No. 222 of 2021 registered for the alleged offences under Sections 395/412 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other co-accused persons trespassed in the house of the informant and looted TV set, mobile phones, cash, jewellary, wrist watches and some cloths. During investigation, the name of the petitioner transpired on the basis of confessional

Patna High Court CR. MISC. No.29630 of 2022(2) dt.31-08-2022 2/3 statement of co-accused.

The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. Test Identification Parade has not been conducted so far, though the FIR was registered against unknown. The petitioner has been named in this case merely on the basis of confessional statement of co-accused and except for that there is no material against the petitioner. The petitioner is in custody since 04.08.2021 and the charge sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent and his name transpired in the confessional statement of the co-accused for his involvement in the occurrence as stated in the FIR. Having regard to the submissions made on behalf of the parties and considering the fact that no Test Identification Parade has been conducted and nothing incriminating has been recovered from the petitioner and further considering the period of his custody along with submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two

Patna High Court CR. MISC. No.29630 of 2022(2) dt.31-08-2022 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st West, Muzaffarpur in connection with Sahebganj P.S. Case No. 222 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be Ranjan Ram, brother of the petitioner, who has sworn the affidavit in this case.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T