Patna High CourtCR. MISC./67510/2023disposed

Babloo Chaudhary @ Shikayat v. The State Of Bihar

2023-10-17Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66630 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- SILAO District- Nalanda ====================================================== Kranti Ram @ Kanti Ram Son Of Shiv Kumar Ram R/O Sohsarai, P.S. - Sohsarai, Distt. - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 67510 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- SILAO District- Nalanda ====================================================== 1.

Babloo Chaudhary @ Shikayat Son Of Awadhesh Chaudhary Resident Of Noorsarai, P.S. - Noorsarai, District - Nalanda 2.

Chhotu Ram Son Of Kameshwar Ram Resident Of Noorsarai, P.S. - Noorsarai, District - Nalanda 3.

Manoj Kumar Son Of Baleshwar Rout Resident Of Noorsarai, P.S. - Noorsarai, District - Nalanda ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 66630 of 2023) For the Petitioner/s :

Mr. Bhola Prasad, Advocate Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP (In CRIMINAL MISCELLANEOUS No. 67510 of 2023) For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.66630 of 2023(2) dt.17-10-2023 2/3 Silaw P.S. Case No. 175 of 2023, lodged on 19.06.2023, under Sections 392 of the I.P.C.

3. As per the prosecution, allegation of loot of Rs.25,000/- is there in the FIR.

4. Learned counsel for the petitioners submits that from the content of the FIR, it transpires that FIR has been lodged against three unknown accused persons. Counsel submits that the name of petitioners have come in this case only on suspicion as from the nearby CCTV, the petitioners were seen. Counsel submits that the petitioners are in custody since 09.07.2023 except petitioner No.3 of second case, who is in custody since 19.07.2023. Antecedent of the petitioners of second case is clear whereas petitioner Kranti Ram has two criminal antecedents in which he is on bail. Counsel for the petitioners also submits that offence under Section 392 of the Indian Penal Code, which is Magisterial trial.

5. Learned counsel for the State opposes the prayer for bail and submits that suspicion against the petitioners are strong as they were identified in CCTV, but it is true that in CCTV commission of occurrence of crime has not captured.

6. In the circumstance, I am not inclined to grant bail to the petitioners at present but liberty has been granted that all

Patna High Court CR. MISC. No.66630 of 2023(2) dt.17-10-2023 3/3 the petitioners shall be called by the Court on the date fixed and upon framing the charge the trial Court is directed to release them on bail imposing condition so that they may not evade their appearance during trial.

7. With this direction, both the applications are disposed of.

(Dr. Anshuman, J) Mkr./- U T