Sanjay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4895 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- NOKHA District- Rohtas ====================================================== Sanjay Ram, aged about 35 years (Male), Son of- Jokhan Ram Resident of village-Hasnadih, P.O-Semra, P.S. Nokha, District, Rohtas (Sasaram) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Roy For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 34 of the Indian Penal Code and later on Sections 364, 302, 201 and 34 of the Indian Penal Code were also added.
Informant has alleged that on 27.07.2018 at around 8 p.m., petitioner along with co-accused persons, namely, Ram Pravesh Ram, Manoj Ram, Kedar Ram and Shaukat Ansari called the brother of the informant Sunil Sah @ Fudur Sah from his house and took him with them. The informant waited for him till 10 p.m. but he did not return and he became traceless. It has been submitted on behalf of the petitioner that he
Patna High Court CR. MISC. No.4895 of 2019(3) dt.27-03-2019 2/3 is innocent and has been falsely implicated in this case due to village politics. It has further been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the co-accused Ram Pravesh Ram and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 03.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nokha P.S. Case No. 216 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.4895 of 2019(3) dt.27-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T