Jay Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70789 of 2019 Arising out of PS. Case No.-1520 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== JAY RAM KUMAR Son of Rajendra Singh Resident of Village - Khirkighat, Sasaram, P.S.- Sasaram (Town), Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy, Advocate For the Opposite Party/s :
Mr. S.D.Yadav, AAG-IX ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-12-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 1520 of 2018, dated 17.12.2018, registered at Police Station Sasaram (Darigaon) under Sections 387 and 506 of the Indian Penal Code.
I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.
Allegedly the informant received one unknown call on his mobile by which he was demanded Rs. 5 lacs and he was threatened to kill if not paid rangdari.
It is submitted that co-accused stands enlarged on bail by a co-ordinate Bench of this Court vide order dated
2/4 27.06.2019 passed in Cr. Misc. No. 38955 of 2019, titled as Sanjay Kumar Vs. The State of Bihar.
It is seen that the investigation thus far has not prima facie revealed the complicity of the accused in the crime. Also, it appears that thus far no case against the petitioner is made out indicating his complicity in the alleged crime. It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence; is behind bars since 23.01.2019; no custodial interrogation is required and the petitioner has fully cooperated in the investigation.
Prima facie, nothing is produced to highlight petitioner's direct involvement in the crime. Thus, this Court is of the considered view that petitioner has made out a case for grant of bail. Possibility of false implication, as is so alleged by the petitioner, cannot be ruled out. Also, thus far save and except for naming the petitioner in the F.I.R., no evidence corroborative in nature stands recorded by the police. Also, none has come forward to highlight the possible involvement of the petitioner in the crime. On what basis the Investigating Officer could link the accused
3/4 to the crime is also not emanating from the record. Be that as it may, considering the entire attending facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Sasaram, DistrictRohtas in connection with Sasaram (Darigaon) P.S. Case No. 1520 of 2018, on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to
4/4 be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) P.K.P./- U