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Patna High CourtCR. MISC./76927/2024allowed

Rajkumar Ram v. The State Of Bihar

2025-01-18Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76927 of 2024 Arising Out of PS. Case No.-282 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Rajkumar Ram, Son of Satyadev Ram, Resident of Village - Tadhwanandpur, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Chiraiya P.S. Case No. 282 of 2024 registered for the offence punishable under Sections 309 of B.N.S.

3. The case of the prosecution is that the informant who is working in Spandana Sfurti Finance Limited has collected Rs. 79, 510/- and was going to his branch. As he reached near Gangappipar Chowk, three persons on a Apache bike intercepted him. He left his bike and fled away. It is further alleged that two persons from that bike alighted and took away the collected amount.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.76927 of 2024(3) dt.18-01-2025 2/3 committed no offence. He has been falsely implicated in this case. From perusal of the F.I.R., it is clear that the F.I.R. was lodged against unknown miscreants. In para 56 of the case diary, the Branch Manager of that Finance Company has stated that Rohit Kumar was not having good character and due to which he was fired. During course of investigation, this petitioner has also given his confessional statement. In his confessional statement, he has stated that on the date of the occurrence he was going with Rohit Kumar and Rohit Kumar disclosed him that he is having Rs. 79, 510/- of collection and that after some distance he will hand over the cash to one of his friend and will raise alarm, the petitioner objected it then Rohit Kumar said that he will also have share.

If the confessional statement of the petitioner is believed to be true then also there is nothing incriminating agaisnt the petitioner. Nothing has been recovered from the possession of this petitioner. He has got criminal antecedent. Moreover, he is languishing in judicial custody since 06.08.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is

Patna High Court CR. MISC. No.76927 of 2024(3) dt.18-01-2025 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Sikrahna at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 282 of 2024.

(Ashok Kumar Pandey, J) lata/- U T