IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71160 of 2021

Arising Out of PS. Case No.-541 Year-2018 Thana- JAKKANPUR District- Patna

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TUFANI RAI Son of Sant Lal Rai Resident of Village- Rampur Keshopatti,

P.S.- Muffasil, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. D.K. Sinha, Sr. Adv.

Mr. Girish Chandra Jha, Adv.

Mr. Ashish, Adv.

For the Opposite Party/s :

Mr. A.L. Pandit, APP

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

3

16-05-2022

Heard Mr. D.K. Sinha, learned senior counsel for the

petitioner and Mr. A.L. Pandit, learned Additional Public

Prosecutor for the State.

Petitioner seeks regular bail in connection with

Jakkanpur PS Case No. 541 of 2018 registered for the offence

punishable under Sections 363/365/420/379 of the IPC and later

on Sections 328/392/302/201, 414/34 IPC were added.

The allegation in a nutshell is that the brother of the

informant namely, Asok Sah arrived at Patna from Hyderabad,

called up his wife at about 9:20 PM informing her that he was

boarding at a bus at Meethapur Bus Stand but he did not reach

his residence till late night, his mobile phone was found

switched off and ultimately, his brother was found dead in a

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hospital and it was detected that from ATM Card of the

deceased, money was withdrawn at Meethapur Bus Stand and

purchase of gold jewelries was made at Biharsharif.

Learned senior counsel for the petitioner submits that

the FIR is against unknown and the petitioner has falsely been

implicated in this case on the basis of confessional statement of

one Sujeet Kumar who has been granted bail by a Co-ordinate

Bench of this Court vide Cr. Misc. No. 4472/2020 (Annexure-

3). He further submits that the petitioner is in custody since

02.01.2021 in the present case and the charge-sheet has already

been submitted. Further submission is that during course of

investigation it has come that Ashok Sinha @ Ashok Kumar

Sinha was identified by the photos in CAF & CCTV footage of

the jewelry shop along with Sujeet Kumar. He next submits that

during course of investigation location of all the mobiles was in

the jewelry shop but the petitioner was not seen present in the

jewelry shop as per CCTV and CAF photos. In para-27 of the

case diary it has come that the mobile phone of the petitioner

was recovered from the possession of co-accused, Ashok Sinha

@ Ashok Kumar Sinha. The petitioner is also having eight

criminal antecedents and the co-accused, Sujeet Kumar @

Sujeet Kumar Rai having similar antecedents has been granted

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bail by a bench of this Court.

Regards being had to the submissions made by the

parties and taking into consideration that the petitioner was not

seen in the CCTV footage along with co-accused, Ashok Sinha

@ Ashok Kumar Sinha and as per para-27 & 39 of the case

diary, mobile phone of the petitioner was recovered from the

possession of co-accused, Ashok Sinha @ Ashok Kumar Sinha

who was seen in the CCTV footage and the co-accused, Sujeet

Kumar @ Sujeet Kumar Rai has been granted bail by a bench of

this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, TUFANI RAI, be

released on bail on bail on furnishing bail bond of Rs. 10,000/-

(Ten thousand) with two sureties of the like amount each to the

satisfaction of ACJM-1, Patna in connection with Jakkanpur PS

Case No. 541 of 2018, subject to the condition that out of two

bailors, one must either be parent or