Sushil Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14095 of 2021 Arising Out of PS. Case No.-756 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== SUSHIL RAM Son of Late Mahangu Ram Resident of village - Ratanpura, P.S. Chanpatia, District - West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard Mr. Sanjeev Kumar Shrivastava, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with Bettiah (Town) P.S. Case No. 756 of 2018 registered for the offence under Section 399 / 402 / 414 of the I.P.C. read with Section 25 (1-b)a / 26 / 35 of the Arms Act.
The allegation as per the First Information Report is that Police got secret information that some miscreants have assembled near "Bara Ramana Peepal" tree in order to commit crime, proceeded towards the place of occurrence and upon seeing the Police party the miscreants started fleeing away, however, three of them were apprehended and from their
Patna High Court CR. MISC. No.14095 of 2021(2) dt.26-03-2021 2/3 possession loaded country made pistols, cartridges etc. were recovered and subsequently Police raided the shop of the petitioner - Sushil Ram and also the adjacent house of one Bhola Kumar Yadav and from the shop of the petitioner one frame of motorcycle was recovered and from the house of Bhola Kumar Yadav one stolen motorcycle was recovered. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. Learned counsel next submits that petitioner is a motorcycle mechanic and the frame of the motorcycle was kept in his "garage" for the purpose of repair. Learned counsel next submits that other coaccused from whose possession loaded pistols, motorcycle etc. were recovered have been granted bail by different Co-ordinate Benches of this court (Annexures- "2", "2/1", "3", "3/1" to this bail application). Learned counsel further submits that petitioner is in custody since 19.09.2020.
Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that similarly situated coaccused have been granted bail by this court and the petitioner is in custody since 19.09.2020, I am inclined to grant regular
Patna High Court CR. MISC. No.14095 of 2021(2) dt.26-03-2021 3/3 bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran / court concerned in connection with Bettiah ( Town) P.S. Case No. 756 of 2018.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T