Anirudh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46819 of 2023 Arising Out of PS. Case No.-370 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== Anirudh Kumar S/O Rajanand Sah @ Rajanandan Saha R/O VillageJahalipatti, Ps. Raghopur, Dist. Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anirudh Kumar, Advocate Mrs. Rabia Gulnaz, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Raghopur P.S. Case No. 370 of 2021 registered for the offence under Section 392 of the Indian Penal Code.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 03.08.2022.
4. The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away looted cash of Rs. 15,00,000/- (Rupees Fifteen Lac only), which was in possession of informant during course of occurrence.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.46819 of 2023(2) dt.01-08-2023 2/3 petitioner submitted that the name of petitioner surfaced during the course of investigation out of suspicion and as a cash of Rs. 3,50,000/- (Rupees Three Lac Fifty Thousand only) was alleged to be recovered from the house of wife of his elder brother (Bhabhi) on his instance. It is submitted that the cash belongs to the brother of this petitioner. It is also pointed out that petitioner was not put on TIP, as yet. While travelling over the argument learned counsel submitted that the recovered currency note is without any details and denominations and in want of same it cannot be connected with alleged looted money as to connect petitioner, prima facie, with present occurrence of robbery. While concluding the argument, it has been submitted that petitioner found involved in three more criminal cases, where he is on bail 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.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above and by taking note of the fact as alleged recovered money cannot be connected with looted cash in want of details and denominations coupled with the fact that chargesheet has already submitted, where petitioner is in custody since
Patna High Court CR. MISC. No.46819 of 2023(2) dt.01-08-2023 3/3 03.08.2022, accordingly, above named petitioner is directed to be released on bail in connection with Raghopur P.S. Case No. 370 of 2021 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 A.D.J.-I, Supaul/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T