Raja Patel @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9763 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Raja Patel @ Raja Kumar Aged about 19 years Male, S/O Prabhu Patel @Prabhu Prasad Resident of Mohalla - Banwa Tola, Purvi Kargahia, Ward No. 11, P.S.- Bettiah Mufassil, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantanu Kumar For the Opposite Party/s :

Mr.Md.Najir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

02-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Mufassil Bettiah P.S. Case No. 443 of 2020, registered for the offence under Sections 385, 387/34 of the Indian Penal Code.

As per the prosecution case, two unknown persons made a demand of ransom and also made phone calls to that effect.

Petitioner is not named in the FIR. During course of investigation, name of petitioner has surfaced on the basis of confessional statement of co-accused Nitish Kumar. It is further submitted that the mobile phone, which is mentioned in the FIR, does not belong to this petitioner. Neither the petitioner is connected with the said mobile or the SIM Card. Till date, no T.I.P. has been held. Petitioner is in custody since 30.07.2020. Investigation is complete.

Patna High Court CR. MISC. No.9763 of 2021(2) dt.02-06-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

However, considering the fact that save & except confessional statement of co-accused, there is no other material to show complicity of petitioner with the aforesaid crime, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Mufassil Bettiah P.S. Case No. 443 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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."

(Prabhat Kumar Singh, J.) anay U T