Ram Krishna Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64726 of 2022 Arising Out of PS. Case No.-464 Year-2022 Thana- AMARPUR District- Banka ====================================================== Ram Krishna Pandit, Son of Basuki Pandit, R/V- Khaira, P.S- Amarpur, DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Amarpur P.S. Case No. 464 of 2022 registered for the offence punishable under Section 414/34 of the Indian Penal Code. As per the prosecution, the police personnel on secret information raided the alleged place which belonged to this petitioner and recovered 12 bundles and 30 bundles of 8 mm T.M.T. bars.

The main submissions advanced by the learned counsel for the petitioner are that the alleged offence of the FIR is triable by 1st Class Magistrate and the maximum punishment

Patna High Court CR. MISC. No.64726 of 2022(2) dt.02-03-2023 2/3 is of three years and the petitioner has been languishing in jail since 24.08.2022 having fair and clean antecedent, though as per the FIR the alleged T.M.T. bars, which are stated to be looted articles of Masliya P.S. Case No. 52 of 2022, were recovered from the house of this petitioner but in actual the petitioner got the said T.M.T. bars from one namely, Santosh Singh and he disclosed the name of the said person before the police personnel when his house was searched and the alleged T.M.T. bars were recovered and said fact finds place in the FIR itself and moreover the alleged recovered T.M.T. bars are not put on test identification parade till now and it has not been established that the same are looted articles.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts as stated above and considering the petitioner's fair and clean antecedent and his custody period and also the fact that the alleged offence is triable by 1st Class Magistrate and against the petitioner the investigation has been completed, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.64726 of 2022(2) dt.02-03-2023 3/3 satisfaction of the concerned Court in connection with Amarpur P.S. Case No. 464 of 2022.

(Shailendra Singh, J) Rajiv/- U T