Allowed

Raju Kumar v. The State of Bihar

Patna HC11 May 2023CR. MISC./5383/2023

Case brief

AI extract

What is this about?

Bail application under Section 393 IPC for an armed ransom attempt. Petitioner was unnamed in the FIR and implicated during investigation; nothing recovered from him. Despite six alleged antecedents (bail in three cases), the court granted bail with conditions on trial attendance, non-tampering, and antecedent verification.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount to the CJM, Saran at Chapra, subject to stated conditions.

Raju Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5383 of 2023

¶2

Arising Out of PS. Case No.-16 Year-2022 Thana- AWTARNAGAR District- Saran

¶3

======================================================

¶4

RAJU KUMAR Son of Lal Babu Mahto R/v- Jagdishpur, P.S.- Doriganj, District- Saran, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶9

3 11-05-2023

¶10

Heard learned counsel for the petitioner and learned

¶11

Additional Public Prosecutor for the State.

¶12

Petitioner seeks bail, who is in custody since 12.09.2022 in connection with Awatarnagar P.S. Case No. 16 of 2022, F.I.R. dated 23.01.2022 for the offences punishable under Section 393 of the Indian Penal Code.

¶13

According to prosecution case, on the basis of written report of the informant Ujjawal Prasad Nirala alleging therein that on 21.01.2022 at about 11:00 A.M. two miscreants entered in the CSP of informant and terrorized him and made a demand of ransom on the point of weapon. On protest and shouts of the informant, the miscreants fled away with motorcycle firing in air.

¶14

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

¶15

Patna High Court CR. MISC. No.5383 of 2023(3) dt.11-05-2023 2/3

¶16

present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis that the petitioner arrested in Doriganj P.S. Case No. 219 of 2022 and the statement of the petitioner was recorded and petitioner has been implicated in the present case on the basis of the statement which was recorded in Doriganj P.S. Case No. 219 of 2022. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and till date not TIP has been conducted by the prosecution and the case as mentioned in Para3 of the bail petition that petitioner has been remanded in all the cases after Doriganj P.S. Case No. 219 of 2022. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 12.09.2022.

¶17

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries six criminal antecedents other than the present one but fairly submits that petitioner is on bail in three cases.

¶18

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

¶19

Patna High Court CR. MISC. No.5383 of 2023(3) dt.11-05-2023 3/3

¶20

the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Awtarnagar P.S. Case No. 16 of 2022, subject to the following conditions:-

¶21

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court 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.

¶22

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

¶23

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 antecedent, 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.

¶24

(Rajesh Kumar Verma, J)

¶25

mdrashid/-

¶26

U T

Raju Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raju Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishna Mohan Prasad Sah @ Krishna Mohan Prasad @ Krishna Vs The State of Bihar

Lalit Mandal Vs the State of Bihar

Kundan Pandit Vs The State of Bihar

Ashok Sah Vs The State of Bihar

Ranjeet Kumar @ Ranjeet Yadav Vs the State of Bihar

Rajan Kumar Vs the State of Bihar