Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81827 of 2023 Arising Out of PS. Case No.-37 Year-2004 Thana- MIRGANJ District- Gopalganj ====================================================== Rajesh Sah Son of Saheblal Sah Resident Of Village Hathua South Mohalla Ps Hathua District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mirganj (Hathua) P.S. Case No. 37 of 2004, registered for the offences punishable under Section 395 of the Indian Penal Code.

3. As per the prosecution case, on 25.02.2004 at about 03:00 A.M., two accused persons entered into the room of informant who was the Guard of Central Co-operative Bank got tied by his own gamcha by them and they looted the amount worth Rs. 2,15,115.50 from the Bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the FIR has been lodged against

Patna High Court CR. MISC. No.81827 of 2023(4) dt.02-02-2024 2/3 unknown persons and the petitioner has no knowledge that his name has been transpired in this case and he was working out of station for his livelihood and due to that reason he has not appeared earlier in this case and was declared absconder. He also submits that no T.I.P. has been conducted in this case till date and there is no recovery of looted amount from the possession of the petitioner. He further submits that charge-sheet has already been submitted and the learned Court Below has also framed the charge on 19.01.2024 in this case against the petitioner and there is no chance of absconding or tampering with the evidence. He also submits that the petitioner has no criminal antecedent and he is in jail custody since 10.02.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and also period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj or Concerned Court Below in connection with Mirganj (Hathua) P.S. Case No. 37 of 2004, subject to the following conditions:-

Patna High Court CR. MISC. No.81827 of 2023(4) dt.02-02-2024 3/3 (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(Sunil Dutta Mishra, J) ashishkr/- U T