Patna High Court - Orders
Rahat Ali @ Rahmat Ali @ Raju vs The State Of Bihar on 25 July, 2014
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
Patna High Court Cr.Misc. No.19145 of 2014 (4) dt.25-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19145 of 2014
Arising Out of PS.Case No. -273 Year- 2013 Thana -MANIHARI District- MUZAFFARPUR
======================================================
RAHAT ALI @ RAHMAT ALI @ RAJU S/O NISAR AHMAD, R/O
VILLAGE RATWARA, P.S.- KALYANPUR, DISTRICT -
SAMASTIPUR.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S
======================================================
Appearance:
For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv.
For the State : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
4 25-07-2014Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Truck belonging to Amrit Road Line laden with different kinds of article was in a way to its destination Samastipur, during midst thereof, was waylaid by the criminals who after pushing the informant out of vehicle, took control over the driver who was latter on thrown out of vehicle after injecting sedative, took away the truck. It is also evident that said truck was recovered near Bachwara as evident from para- 21 having all the articles laden thereupon removed.
As is evident from para-75, shop of petitioner was raided and from there one bundle of delivery pipe was seized for that seizure list was prepared. However para-76 speaks that his statement was recorded as a witness however the police changed category of petitioner identifying as one of the accused from whom the alleged looted article has been recovered. Patna High Court Cr.Misc. No.19145 of 2014 (4) dt.25-07-2014
It has been submitted on behalf of petitioner that recovered delivery pipe has not been put on T.I. parade so that the driver or the owner of the vehicle would have identified that the delivery pipe happens to be the same which was being transported over the truck. Therefore, connectivity as found lacking. In likewise manner petitioner also not been put on T.I. parade and is under custody since 17-12-2013. It has also been submitted that in similar circumstance other co-accused is found bailed out vide Cr. Misc. No. 17332 of 2014 as well as 18853 of 2014.
On the other hand, the learned Additional Public Prosecutor opposed the prayer.
In the aforesaid facts and circumstances of the case, petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., (West) Muzaffarpur in connection with Maniyari P.S. Case No.273 of 2013.
(Aditya Kumar Trivedi, J.) PN/-
U T