High Court Patna High Court - Orders

Lalan Ram & Anr. vs The State Of Bihar on 25 October, 2011

Patna High Court – Orders
Lalan Ram & Anr. vs The State Of Bihar on 25 October, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.26791 of 2011
             1. Lalan Ram, S/O Nandu Ram.
             2. Ajay Das, S/O Yaduni Das.
                                           Versus
                                        The State Of Bihar
                                             -----------

4 25.10.2011 This application has been filed for grant of regular bail

on behalf of the petitioners, who are in custody since 26.03.2011

in Nokha P.S. Case No. 45 of 2011 for the offences alleged

under Sections 395 and 397 of the Indian Penal Code.

It appears on perusal of the first information report

that the informant Sahdeo Ram who was working as Accountant

at the Bank of Baroda Branch Nokha, under the threat of some

miscreants who entered into the bank premises on 16.03.2011,

opened the lock of the strong room and the miscreants

committed loot of Rs. 62,44,403.50/-.

Learned Sr. counsel for the petitioners submits that the

present petitioners are merely the driver and khalasi of the truck

which was called for and used by the miscreants after

committing loot and well after they had already escaped from

the place of occurrence. He further submits that there is nothing

in the first information report nor on record to show that the

present petitioners had any conscious role to play in the

commission of the offence.

Heard learned counsel for the State.

Considering that there is no material to even prima

facie show that the present petitioners had any conscious role in
2

the commission of the loot and considering that the petitioners

are merely the driver and khalasi of the truck which were called

into service later on, let the petitioners above named be released

on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)

each with two sureties of the like amount each to the satisfaction

of Chief Judicial Magistrate, Rohtas at Sasaram in connection

with Nokha P.S. Case No. 45 of 2011.

(Vikash Jain, J.)
Md. Ibrarul