Rajan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47237 of 2021 Arising Out of PS. Case No.-708 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== RAJAN RAM Son of Dhaneshwar Ram Resident of Tadwa, Nandpur, Ward No.13, P.S.Bairiya, District- West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Sager Sharma, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and the learned APP for the State, Sri Manoj Kumar. The petitioner seeks regular bail in connection with Majhaulia P.S. Case No. 708/2020, registered for the offence punishable under Sections 399, 400, 401, 402, 403, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, 120(b) of the Indian Penal Code and Sections 66, 66(c) of the
2/4 I.T.Act.
The case of the prosecution as per the written report of the informant is that on the alleged date and time of occurrence, he along with other police officials of technical cell and constables was on a special drive and during the course thereof, he reached near ATM of SBI at Majhaulia Bazar where 6-8 unknown miscreants started fleeing away upon seeing the police force, however, upon chase, four of them were caught and upon search, Rs. 40,000/- cash, ATM cards, bank passbooks, mobile phones etc. were recovered from them. It is further alleged that upon interrogation, the arrested accused persons had disclosed the name of 25 other co-accused persons including the petitioner herein.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 28.5.2021. The learned counsel for the petitioner has further submitted that no
3/4 recovery of any incriminating article has been made from the conscious possession of the petitioner and he has been roped in the present case merely on disclosure made by the arrested co-accused persons, however, there is no material on record to connect the petitioner with any sort of crime having been committed. It is further submitted that similarly situated coaccused person, who in fact is the person, who was arrested from the spot, has already been granted bail by a coordinate Bench of this Court vide order dated 22.10.2021 passed in Criminal Miscellaneous No. 18072 of 2021.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused person, who has already been granted
4/4 bail by a coordinate Bench of this Court, apart from the fact that neither the petitioner was arrested from the spot nor any incriminating article has been recovered from his possession, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 708 of 2020.
(Mohit Kumar Shah, J) Ajay/- U T