Laxman Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2358 of 2022 Arising Out of PS. Case No.-223 Year-2012 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== LAXMAN RAM SON OF LATE BHABHISHAN RAM R/O VILLAGE- SRI RAMPUR, P.S.- KATHAIYA, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahebganj P.S. Case No. 223 of 2012 registered for the offences punishable under Section 396 of the Indian Penal Code read with Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 08.12.2020, charge-sheet has been submitted in the case and has antecedent of four cases and the informant alleges that 10-15 unknown criminals came in a cattle fair and fired at the guard causing injury also injured Ramesh Ram and snatched cash and mobile from businessmen who

Patna High Court CR. MISC. No.2358 of 2022(2) dt.25-05-2022 2/3 came in the fair.

The learned counsel submits that the petitioner has been falsely implicated in the present case, his name came in the confessional statement of co-accused Rajdeo Rai. It is next submitted that petitioner despite being in custody was never put on TIP nor any incriminating article was recovered from his possession to connect him with the offence, it is next submitted that the police implicated him because of his antecedents. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that petitioner has antecedent of four cases and the present case is of the year 2012 and the petitioner was arrested after eight years in the event if bail is granted to the petitioner then definitely the petitioner will delay the trial of the case.

Considering the fact that the petitioner is in custody since 08.12.2020, charge-sheet has been submitted in the case and was not put on TIP nor any incriminating article was recovered from his possession, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sahebganj

Patna High Court CR. MISC. No.2358 of 2022(2) dt.25-05-2022 3/3 P.S. Case No. 223 of 2012 with a condition that one of the bailor shall be the cousin brother of the petitioner Ramai Ram. However, the petitioner shall be released after framing of charge.

(Satyavrat Verma, J) shahzad/- U T