Jagjiwan Ram @ Jagjiwan Neta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1654 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- MURAR District- Buxar ====================================================== JAGJIWAN RAM @ JAGJIWAN NETA Son of Kali Charan Ram Resident of Village- Bharkhar, P.S.- Brahmpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Murar P.S. Case No. 80 of 2021 registered under Section 394 of the Indian Penal Code.

Prosecution case, in short is that the informant was carrying sale proceeds away Rs. 173805 to this house. In the way, his motorcycle was overtaken by the accused persons and on the gunpoint, his belongings including the case was snatched away. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.1654 of 2022(2) dt.25-02-2022 2/2 has been falsely implicated in the present case. The petitioner is not named in the FIR. As per the allegation, three unknown persons had committed robbery. The name of the petitioner has transpired in this case on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Judicial Magistrate-Ist Class, Buxar in connection with Murar P.S. Case No. 80 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T