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Patna High CourtCR. MISC./71516/2022bail granted

Rajendra Ram v. The State Of Bihar

2023-05-02Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71516 of 2022 Arising Out of PS. Case No.-210 Year-2021 Thana- BAGHA District- West Champaran ====================================================== RAJENDRA RAM, male, aged about 28 years, Son of Dhrup Ram, Resident of Village- Godiya Patti, Ward No.-25, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bagaha P.S. Case No. 210 of 2021 dated 15.04.2021 registered for the offence(s) punishable under Section(s) 380 and 457 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner was initially arrested in connection with Bagaha P.S. Case No.301 of 2021 and thereafter he was remanded in seven other cases including the present matter and petitioner's remand in all these cases was made at the direction of the senior police official and so far as the present matter is concerned, there is no any evidence against

Patna High Court CR. MISC. No.71516 of 2022(2) dt.02-05-2023 2/3 the petitioner to connect him to the alleged crime of theft except the petitioner's confessional statement which has no evidentiary value and against the petitioner, investigation has been completed and he has been languishing in jail since 13.10.2022.

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

5. Heard both the sides and perused the FIR. The FIR has been registered against unknown persons, as per the above submissions, the petitioner was remanded in this case but the petitioner has taken a plea that after his remand in the present matter, the police failed to recover any part of the stolen ornaments and the said fact has not been refuted by the learned APP and while rejecting the petitioner's prayer for bail, the learned trial court mainly placed reliance upon the petitioner's confessional statement given by him before the police. Considering these facts as well as completion of investigation against the petitioner, in the opinion of this Court, a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Bagaha P.S. Case No. 210 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.71516 of 2022(2) dt.02-05-2023 3/3 each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T