Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37595 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- BHELDI District- Saran ====================================================== 1.
Raja Kumar, aged about 20 years, male, Son of Birbal Ram 2.
Vishal @ Bibhishan, aged about 19 years, Son of Mithilesh Ram Both Resident of Village - Nagwa Jagdishpur, P.S.- Dariyapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Srivastva, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-03-2021 Heard Mr. Vijay Kumar Srivastava, learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioners are in custody in connection with Bheldi PS Case No. 30 of 2020 dated 03.02.2020, instituted under Sections 302/392/34 of the Indian Penal Code and 27 of the Arms Act, 1959.
3. The petitioners, though not named in the FIR, are alleged to be the part of a gang which had looted Rs.5,16,000/-
2/4 from the brother of the informant and also shot him leading to his death.
4. Learned counsel for the petitioners submitted that they were arrested in Bheldi PS Case No. 37 of 2020 which was instituted under Sections 399/402 of the Indian Penal Code and 25(1-B)(a)/26/35 of the Arms Act, 1959 and from the said case, they were remanded in the present case. It was submitted that the petitioners were arrested on the basis of confessional statement of other three co-accused and the petitioners also confessed before the police, which has no evidentiary value. It was further submitted that even as per the confessional statements, the role of the petitioners was only of doing recce but no overt act, either in snatching of money or of firing on the deceased, is attributed to them. Learned counsel submitted that the petitioners are in custody in the present case since 06.03.2020.
5. Learned APP submitted that the petitioners and other co-accused have confessed and they being part of a gang, are fully responsible for the incident.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs.
3/4 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned XIIIth Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 180 of 2020 arising out of Bheldi PS Case No. 30 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.
7. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner(s).
4/4
8. The application stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T