Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59437 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Rajendra Prasad Son of Shivnarayan Sao Resident of Village- Repura, P.S.- Daudnagar, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Haspura P.S. Case No. 49 of 2022 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 18.05.2022.

The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away cash of Rs. 3500/- (Rupees Three Thousand Five Hundred) and mobile phone belongs to the informant.

Patna High Court CR. MISC. No.59437 of 2022(3) dt.20-02-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the confessional statement of co-accused Mahavir Yadav in furtherance of which no incriminating material recovered/surfaced, which may connect this petitioner with present occurrence of robbery. It is further submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner remanded in present case from Daudnagar P.S. Case No. 115 of 2022 and beside this case, petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in F.I.R. Considering the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced, which may connect this petitioner with present occurrence of robbery coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Haspura P.S. Case No. 49 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.59437 of 2022(3) dt.20-02-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T