IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21039 of 2021

Arising Out of PS. Case No.-58 Year-2020 Thana- BAUSI District- Araria

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Shivlal Rathore Son of Late Sahat Lal Rathore Resident of Village - Vinodpur,

P.S.- Bousi, District - Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Nafisuzzoha, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL ORDER

3

27-06-2022

Learned counsel for the petitioner is permitted to

remove defect(s), as pointed out by the office, if any, within a

period of four weeks from today.

Heard Mr. Nafisuzzoha, learned counsel for the

petitioner as well as learned Additional Public Prosecutor for the

State.

The application for grant of bail to the petitioner,

above named, who has been made accused and put behind the

bar in connection with Bousi P. S. Case No. 58 of 2020

registered for the offences punishable under Sections 399, 400,

and 402 of the Indian Penal Code and Sections 25(a), (1-A), (1-

B), ab, 26(1) (2), 35 of the Arms Act.

As per the prosecution case, it is alleged that

05.06.2020, the Police on a secret information that some

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miscreants are sitting in Vinodpur village at the house of Shiv

Lal Rathore (the petitioner) and they are making preparation for

dacoiti, the Police raided the house of the petitioner from where

one co-accused Vijay Rathore was apprehended and from his

possession one loaded pistol and three cartridges were

recovered. It is further alleged that co-accused Vijay Rathore

disclosed the name of this petitioner. On search, from the house

of the petitioner two cartridges and one magazine were

recovered.

Learned counsel appearing on behalf of the

petitioner submitted that the petitioner was neither apprehended

at the spot nor any incriminating material has been recovered

from the conscious possession of this petitioner, moreover, the

house from where the alleged recovery has been shown, is a

joint family house, not exclusively belongs to this petitioner. It

is next submitted that the petitioner is in custody since

30.07.2020 and during the course of investigation, no

incriminating material has come, which suggests the complicity

of this petitioner in the present case.

On the other hand, learned APP for the State

opposes the bail application and submits that the petitioner has

been found involved in nine other cases and recovery has been

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made from his house.

Having considered the submissions made on behalf

of the parties and taking into account the fact that only two

cartridges and one magazine have been said to be recovered

from the house of this petitioner, which is a joint family house

not exclusively belongs to this petitioner and moreover, the

investigation has already been concluded and charge-sheet has

been submitted, though the petitioner is in custody since

30.07.2020. It is needless to say that criminal antecedent of the

accused cannot be the sole ground to keep him in custody for

indefinite period that too when the investigation has already

been concluded and further where there is no allegation of

tempering with the evidence or intimidating the witnesses.

Having regard to he aforesaid facts and circumstances, let the

petitioner, above named, be released on bail on furnishing bail

bonds of Rs. 20,000/- (Rupees twenty thousand) with two

sureties of the like amount each to the satisfaction of learned

Additional Chief Judicial Magistrate, 1^st Class, Araria in

connection with Bousi P. S. Case No. 58 of 2020