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Patna High CourtCR. MISC./41215/2021bail granted

Satendra Ram v. The State Of Bihar

2022-01-31Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41215 of 2021 Arising Out of PS. Case No.-399 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== SATENDRA RAM Son of Keshwar Ram Resident of Village - Thikaha Bankat, P.S- Pakridayal, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Pakridayal PS Case No. 399/2019 registered for the offence punishable under Section 392 of the IPC.

As per prosecution case, three unknown miscreants intercepted the informant and looted away his mobile phone, a bag containing Rs. 36,700/-, passbook, ATM Card, Cheque book etc., on the gun point.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as he was arrested in Chiraiya (Shikarganj) PS Case No. 17/2020 and on the basis of his inculpatory confessional statement, he has been remanded in the present case. Learned counsel next

Patna High Court CR. MISC. No.41215 of 2021(2) dt.31-01-2022 2/3 submits that no looted article and or incriminating material has been recovered from the possession of the petitioner and he has not been put on test identification parade by the police. Except inculpatory confessional statement made before the police, no other material has come against the petitioner during course of investigation.

He next submits that petitioner is in custody since 31.08.2020 and the charge-sheet has been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no looted article and or incriminating material has been recovered from the possession of the petitioner, except his confessional statement no other material has come against the petitioner during course of investigation, petitioner is in custody since 31.08.2020 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. Accordingly, let the petitioner, SATENDRA RAM be released on bail on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.41215 of 2021(2) dt.31-01-2022 3/3 (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakridayal PS Case No. 399/2019.

(Anil Kumar Sinha, J) perwez U T