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Patna High CourtCR. MISC./59078/2021bail granted

Ravi Ranjan Rajak v. The State Of Bihar

2022-02-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59078 of 2021 Arising Out of PS. Case No.-111 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== Ravi Ranjan Rajak Son of Vinod Rajak Resident of Village- Kukurha, Police Station- Itarhi, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Shahpur P.S. Case No. 111 of 2021 registered for the offences punishable under Sections 392 of the Indian Penal Code.

According to prosecution case, on 23.04.2021 on the west four land from Kundeshwar, four persons on two Apache Bikes overtaken the pick up and stopped both of us from the pick up by showing the pistol and taking the key from the informant and went towards Buxar with the pick up and two

Patna High Court CR. MISC. No.59078 of 2021(2) dt.04-02-2022 2/3 persons behind the pickup from bike and they also taken along with them Rs.31,500/- cash and two big mobile was kept in the pickup.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis confessional statement of co-accused namely Ranjan Chaudhary. He further submits that as per F.I.R. and the seizure list, three mobile phone has been recovered from the house of the petitioner. It is further submitted that till date no TIP has been conducted by the police with regard to the stolen mobile. The petitioner is in custody since 30.05.2021.

The learned Additional Public Prosecutor vehemently opposed the prayer for bail, submitting that petitioner carries more than nine criminal antecedents.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Ara in connection with Shahpur P.S.

Patna High Court CR. MISC. No.59078 of 2021(2) dt.04-02-2022 3/3 Case No. 111 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T