Raman Kumar Yadav @ Raman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1619 of 2023 Arising Out of PS. Case No.-25 Year-2019 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== Raman Kumar Yadav @ Raman Yadav S/O Dinesh Kumar Resident of village- Kayasth Tola Saharsa Ward No- 28, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 12.05.2022, in connection with Saharsa Rail P.S. Case No. 25 of 2019, G.R. No. 176 of 2019, F.I.R. dated 04.08.2019 registered for the offences punishable under Section 395 of the Indian Penal Code.

The F.I.R. of the occurrence of loot is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of

Patna High Court CR. MISC. No.1619 of 2023(3) dt.22-06-2023 2/3 co-accused Dharmbir Kumar. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner rather mobile has been recovered from coaccused person Dharambir Kumar. He further submits that except the confessional statement of co-accused, no other cogent material has come to suggest the involvement of the petitioner in the peresent occurrence and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.05.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three more cases other than the present one in which he is on bail in all the cases.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Khagaria, Saharsa in connection with Saharsa Rail P.S. Case No. 25 of 2019, G.R. No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.1619 of 2023(3) dt.22-06-2023 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T