Raja Kumar vs The State Of Bihar
2021 Latest Caselaw 1299 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.37595 of 2020
              Arising Out of PS. Case No.-30 Year-2020 Thana- BHELDI District- Saran
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1. Raja Kumar, aged about 20 years, male, Son of Birbal Ram

2. Vishal @ Bibhishan, aged about 19 years, Son of Mithilesh Ram Both Resident of Village - Nagwa Jagdishpur, P.S.- Dariyapur, District - Saran.

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

For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT Date : 05-03-2021

Heard Mr. Vijay Kumar Srivastava, learned counsel for

the petitioners and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioners are in custody in connection with

Bheldi PS Case No. 30 of 2020 dated 03.02.2020, instituted

under Sections 302/392/34 of the Indian Penal Code and 27 of

the Arms Act, 1959.

3. The petitioners, though not named in the FIR, are

alleged to be the part of a gang which had looted Rs.5,16,000/- Patna High Court CR. MISC. No.37595 of 2020 dt.05-03-2021

from the brother of the informant and also shot him leading to

his death.

4. Learned counsel for the petitioners submitted that they

were arrested in Bheldi PS Case No. 37 of 2020 which was

instituted under Sections 399/402 of the Indian Penal Code and

25(1-B)(a)/26/35 of the Arms Act, 1959 and from the said case,

they were remanded in the present case. It was submitted that

the petitioners were arrested on the basis of confessional

statement of other three co-accused and the petitioners also

confessed before the police, which has no evidentiary value. It

was further submitted that even as per the confessional

statements, the role of the petitioners was only of doing recce

but no overt act, either in snatching of money or of firing on the

deceased, is attributed to them. Learned counsel submitted that

the petitioners are in custody in the present case since

06.03.2020.

5. Learned APP submitted that the petitioners and other

co-accused have confessed and they being part of a gang, are

fully responsible for the incident.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioners be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.37595 of 2020 dt.05-03-2021

25,000/- (twenty five thousand) each with two sureties of the

like amount each to the satisfaction of the learned XIIIth

Additional Sessions Judge, Saran at Chapra in Sessions Trial

No. 180 of 2020 arising out of Bheldi PS Case No. 30 of 2020,

subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioners, (ii) that the petitioners and the

bailors shall execute bond with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of their bail bonds.

7. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners,

to the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner(s).

Patna High Court CR. MISC. No.37595 of 2020 dt.05-03-2021

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T