Ritik Raushan @ Putan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36962 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ritik Raushan @ Putan S/O Niraj Kumar R/O Vill. Maheshwara Ward No. 8, PS. Nawkothi, Distt. Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 738 of 2022 registered for the offence under Section 392 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 09.12.2022.
The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away cash of Rs. 10,00,000/- (Rupees Ten Lac only) belongs to the informant.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.36962 of 2023(2) dt.07-07-2023 2/3 submitted that name of petitioner surfaced, during the course of investigation, on the basis of confessional statement of coaccused, namely, Chandan Kumar, where in furtherance of no incriminating material recovered/surfaced during the course of investigation so as to connect him with present occurrence of robbery. It is submitted that similarly situated co-accused person, namely, Chandan Kumar has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 23871 of 2023 vide order dated 23.05.2023. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused, no incriminating material appears to be recovered/surfaced during the course of investigation as to connect petitioner with present occurrence of robbery coupled with the fact that chargesheet has already submitted, where petitioner is in custody since
Patna High Court CR. MISC. No.36962 of 2023(2) dt.07-07-2023 3/3 09.12.2022, accordingly, above named petitioner is directed to be released on bail in connection with Begusarai Town P.S. Case No. 738 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T