Ravi Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73947 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Ravi Pandey Son Of Kaushal Pandey R/O Vill.- Ratanpur, P.S.- Saraiya (Jaitpur Op), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Sadar P.S. Case No.109 of 2022 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 22.08.2022.

The allegation against the petitioner is to commit robbery, where charge sheet has been submitted for the offence of dacoity, alongwith other unknown co-accused persons and while committing so taken away cash of Rs.25,00,000/- (Rupees Twenty Five Lakhs), which found in possession of the informant.

Patna High Court CR. MISC. No.73947 of 2022(2) dt.21-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case in furtherance of the self confession, while apprehended in Sadar P.S. Case No.149 of 2022, where no incriminating material recovered/surfaced to connect petitioner, prima facie, with the present occurrence of robbery/dacoity. It is also submitted that petitioner was not put on T.I.P. as yet. While concluding the argument, it is submitted that petitioner found involved in two more criminal cases where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer for bail fairly conceded that petitioner was not named in the F.I.R.

In view of the facts and circumstances as mentioned above as no incriminating material surfaced/recovered during the course of investigation in furtherance of self-confession of the petitioner to connect petitioner, prima facie, with the present occurrence of robbery/dacoity coupled with the fact that chargesheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Sadar P.S.

Patna High Court CR. MISC. No.73947 of 2022(2) dt.21-03-2023 3/3 Case No.109 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur/concerned court, subject to the following conditions as mentioned :- (i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be deponent of the present bail petition.

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