Raja Kumar @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68913 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Raja Kumar @ Raja Son of Sanjay Mahto @ Sanjay Rout R/o Village- Dumri Katsari, P.S.- Shyampur, District- Sheohar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Branch Manager, Bank of Baroda, Branch- Ambakala, P.S.- Piprahi, Dist.- Sheohar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Prasad Singh, Advocate.
For the Opposite Party/s :
Mrs.Anita Kumari, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-12-2024 Heard Mr. Sunil Prasad Singh, learned counsel appearing on behalf of the petitioner and Mrs. Anita Kumari, learned APP for the State.
2. The petitioner seeks regular bail in connection with Piprahi P.S.Case 141 of 2023 for the offences punishable under Sections 395 & 397 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, which is against unknown, the accused persons had committed dacoity and looted Rs. 26,03,000/- from the Bank of Baroda, Ambakala Branch.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.68913 of 2024(2) dt.06-12-2024 2/3 petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. Name of the petitioner has come in course of investigation merely on suspicion. Nothing incriminating has been recovered from the possession of the petitioner nor he has been put on T.I.P. Other co-accused namely Nanhku Sah and Karan Ram have been granted regular bail by this Court in Cr. Misc. No.12377 of 2024 and Cr. Misc. No. 29081 of 2024 respectively.
5. Learned APP has opposed the prayer for grant of regular bail to the petitioner.
6. Having considered the rival submissions made on behalf of the petitioner, as well as, the nature of allegation made against the petitioner and the fact that name of the petitioner has surfaced merely on suspicion and the petitioner is in custody since 01.07.2023, I am of the opinion that the petitioner has, prima facie, made out a case to be released on bail.
7. The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sheohar in connection with Piprahi P.S.Case No.141 of 2023, subject to the
Patna High Court CR. MISC. No.68913 of 2024(2) dt.06-12-2024 3/3 following conditions:- (1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court concerned.
(3) If the petitioner tampers with the evidence or the witnesses of the case, the prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offences, after his release on bail, the trial court shall take steps to cancel his bail bond.
(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force. (Purnendu Singh, J) mantreshwar/- U T