Ankur Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77351 of 2019 Arising Out of PS. Case No.-714 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== ANKUR RAJ Son of Sanjay Kumar Resident of Village and P.S. Alamnagar, District- Madhepura.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is seeking regular bail in connection with Phulwarisharif P.S. Case No. 714/2019 registered under Sections 419, 420, 467, 468, 471, 472, 120(B) of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act.
Pursuant to the last order dated 18.12.2019, the Senior Superintendent of Police, Patna along with the Investigating Officer of Phulwarisharif P.S. Case No. 714/2019 are present in person.
It appears from the submissions made on behalf of the State that the learned coordinate Bench of this court had called for personal appearance of two officers when the court was of the view that the investigation has been carried out in some perfunctory manner and the charge-sheet has been filed in haste without collecting sufficient materials to
Patna High Court CR. MISC. No.77351 of 2019(4) dt.07-01-2020 2/3 proceed against the petitioner. This is how the court has been given to understand the reason for seeking personal appearance of the two officers. At this stage, Senior Superintendent of Police, Patna submits that he has looked into the records but because he has recently joined, a reasonable time may be granted to peruse the entire materials and take an appropriate measure including that of filing of a supplementary charge-sheet.
Learned counsel for the petitioner submits that save and except a confessional statement of the co-accused no other material has been collected in course of investigation to connect this petitioner in the present case. It is also submitted that similarly situated accused Shivkant Kumar has been granted regular bail by learned coordinate Bench of this court vide order dated 17.12.2019 passed in Cr. Misc. No. 77286/2019.
Learned A.P.P. for the State does not dispute this submission.
In the given facts and circumstances of this case, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IX, Patna in connection with Phulwarisharif P.S. Case No. 714/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
Patna High Court CR. MISC. No.77351 of 2019(4) dt.07-01-2020 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.
The application stands disposed off.
The officers present in court are not required to be present in future.
(Rajeev Ranjan Prasad, J) Rajeev/- U T