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Patna High CourtCR. MISC./67059/2022bail granted

Ranveer Poddar v. The State Of Bihar

2023-02-23Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67059 of 2022 Arising Out of PS. Case No.-134 Year-2020 Thana- GOGRI District- Khagaria ====================================================== Ranveer Poddar, S/o Koko Poddar, Resident of village-Madarpur, P.S.- Maheshkhunt, District- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Gogari P.S. Case No.134 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

The petitioner/accused is not named in the first information report and is in custody since 23.03.2021. The allegation against the petitioner is to commit robbery along with other co-accused persons and while doing so, taken away motorcycle, Laptop and Aadhar card belongs to the informant.

It is submitted by learned counsel for the petitioner that name of petitioner surfaced during the course of

Patna High Court CR. MISC. No.67059 of 2022(2) dt.23-02-2023 2/3 investigation on the basis of confessional statement made by coaccused Sharban Paswan and in furtherance thereof, no incriminating material has been recovered/surfaced, which may connect the petitioner with the present occurrence of robbery. It is submitted that said co-accused Sharban Paswan has already been granted bail by one of the learned co-ordinate Bench of this Court vide order dated 02.03.2021 passed in Cr. Misc. No.37386 of 2020. While concluding the argument, it is submitted that petitioner involved in four more cases where he is on bail and moreover, investigation of this case has been completed, for which the charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP while opposing the prayer for bail fairly conceded that the petitioner is not named in the FIR. In view of the above-mentioned facts and circumstances and by taking note of the fact that as no incriminating material was recovered/surfaced during the course of investigation to connect the petitioner, prima facie, with present occurrence of robbery, coupled with the fact that chargesheet has already been submitted, the petitioner is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.67059 of 2022(2) dt.23-02-2023 3/3 satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No.134 of 2020, subject to the conditions as mentioned under Section 437(3) of the Code of Criminal Procedure.

(Chandra Shekhar Jha, J.) Sanjeet/- U T