Bhola Ram @ Bhola Patel @ Bhola Kumar @ Bhola Patle v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2535 of 2020 Arising Out of PS. Case No.-341 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bhola Ram @ Bhola Patel @ Bhola Kumar @ Bhola Patle, Son of Virendra Ram @ Birendra Raut, Resident of Village- Ratanpur, P.S.- Banjariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Anish Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.
The petitioner apprehends his arrest in Motihari Muffassil P.S. Case No. 341 of 2018 registered for the offence(s) punishable under Sections 457 and 380 of the Indian Penal Code.
The prosecution case is that three accused persons entered the house of the informant in the night at 12:00 AM and committed theft. Informant and his family members caught two accused persons but one accused person had managed to escape. Apprehended persons disclosed the name of the third persons as Bhola Ram who is the petitioner.
It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested at the spot and he has been
Patna High Court CR. MISC. No.2535 of 2020(2) dt.26-02-2020 2/2 made accused in this case only on the confessional statement of the other accused persons. Petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Muffassil P.S. Case No. 341 of 2018 on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J) Ankit/- U T