Rajlal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72602 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== Rajlal Kumar S/o Ram Prasidh Sahni Resident of Village- Basanta Jahanabad, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Lalganj P.S. Case No. 127 of 2021 registered under Section 394 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 16.08.2020, charge-sheet has been submitted in the case, has antecedent of two cases and the informant alleges that he along with his son was intercepted by three unknown criminals who looted Gold, Silver, Mobile, Rs. 40,000/-, ATM, Pan Card, Aadhar Card etc. from them and on protest fired causing injury on thigh. Learned counsel submits that fire was against unknown, the petitioner was arrested in Lalganj P.S. Case No. 145 of 2021 in which he was made to confess his participation in the present occurrence, in custody, it is, thus, submitted that confession made before police in custody is not

Patna High Court CR. MISC. No.72602 of 2021(2) dt.16-05-2022 2/2 admissible in evidence. It is further submitted that petitioner despite being in custody was never put on TIP nor any incriminating article was recovered from his possession, only based on his antecedent he came to be implicated in the present The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 16.08.2020, charge-sheet has been submitted in the case and taking into consideration the submissions made by learned counsel for the petitioner, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lalganj P.S. Case No. 127 of 2021 with a condition that one of the bailors shall be the mother of the petitioner namely Sheela Devi.

Further, if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned court below shall, forthwith, cancel his bail bond after recording reason.

(Satyavrat Verma, J) ved/- U T