Rahul Jaikar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49909 of 2021 Arising Out of PS. Case No.-534 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== RAHUL JAIKAR Son of Binod Sharma Resident of Village- Sherpur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54718 of 2021 Arising Out of PS. Case No.-534 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== RAJNISH KUMAR @ SATYA KUMAR @ SATYA S/o- RAM PRASAD SINGH Resident of Village- Sarsi, P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49909 of 2021) For the Petitioner/s :

Ms. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 54718 of 2021) For the Petitioner/s :

Ms. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 364A and 120B of the Indian Penal Code.

As per the prosecution case, the accused persons on a motorcycle on the point of pistol stopped the informant,

Patna High Court CR. MISC. No.49909 of 2021(3) dt.30-03-2022 2/3 assaulted him and took away Rs.20,000/ in cash besides other articles as mentioned in the F.I.R. Thereafter it is stated that they deposited a sum of Rs.14,500/ where his wife was admitted, got her discharged and under threat asked the informant to get the jewellery from home. Thereafter the informant gives the name of seven accused persons including the petitioners herein on the basis of the conversation that the accused were having amongst themselves.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The cause of false implication is some dispute between the informant and one Mukesh Sahay. No material has transpired in course of investigation to connect the petitioners with the alleged crime. The allegations levelled in the F.I.R. on the face of it appear to be unbelievable. The petitioners are in custody since 16.9.2020.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the statement of the victim in her statement under section 164 Cr.P.C. together with the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioners on bail and the application is rejected.

Patna High Court CR. MISC. No.49909 of 2021(3) dt.30-03-2022 3/3 Liberty is granted to the petitioners to renew their prayer for bail in case there is no progress in the trial in the learned trial court in six months.

(Partha Sarthy, J) Saurabh/- U T