Ladla @ Tajuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44438 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Ladla @ Tajuddin Son of Md. Salam @ Salam Ansari Resident of Village - Makim Chak, P.s. - Bidupur, District - Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar Sinha, Advocate For the State :
Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Ganga bridge P.S. Case No.215 of 2021 registered for the offence under Section 392 of the Indian Penal Code and, later on, Sections 395 and 412 of the Indian Penal Code were added subsequently. The accused/petitioner is named in the F.I.R. and is in custody since 17.12.2021.
The allegation against the petitioner is to commit robbery along with other co-accused persons where, finally chargesheet submitted for dacoity and while committing so taken total cash of Rs.47,594/- (Rupees Forty Seven Thousand Five Hundred Ninety Four) from petrol pump, which belongs to informant.
Patna High Court CR. MISC. No.44438 of 2022(2) dt.07-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Pankaj Kumar, in furtherance of which, no incriminating material recovered/surfaced during the course of investigation, which may connect this petitioner with the present case of robbery/dacoity. It is further submitted that just to implicate and to make allegations more aggravated Rs.800/- (Rupees Eight Hundred) was shown to be recovered from the possession of this petitioner, which is without any details and denominations and in absence there of, it is difficult to suggest that recovered currency note is same, which was alleged to be looted from the petrol pump.
It is further pointed out that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as no incriminating material recovered, which may
Patna High Court CR. MISC. No.44438 of 2022(2) dt.07-12-2022 3/3 connect the petitioner, prima facie, with the present set of occurrence, in the background of the fact that alleged recovered currency note is without any details and denominations coupled with the fact that chargesheet has been submitted, let above named petitioner directed to be released on bail in connection with Ganga bridge P.S. Case No.215 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Tripathi/- U T