Raju Ram @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11473 of 2024 Arising Out of PS. Case No.-359 Year-2021 Thana- BEUR District- Patna ====================================================== Raju Ram @ Raju Kumar Son Of Late Bijali Ram Resident Of VillageNoorsarai Bazar Near At Ara Mill, Ps- Noorsarai, Dist- Nalanda, At Present Arya Nagar Chowk, Gali No. 203, P. Block Colony, Behind L.G. Showroom, Ps- Syani Chungi Chauki, Dist- Gaziabad , Up ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Beur P.S. Case No.359 of 2021, G.R. No.5557 of 2021 lodged under Section 392 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom there is allegation that they snatched two mobile phone and gold chain from the informant's wife on pointing pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner's name has figured in this case only due the reason that his antecedent is not clean. He submits that at the
2/4 instance of the police that he has been made accused by self confession.
5. Counsel for the petitioner submits that petitioner is in custody since 03.03.2022 and his antecedent is not clean. There are seven criminal cases pending against the petitioner in which he is on bail.
6. Learned counsel for the State opposes the prayer for bail and submits that petitioner's antecedent is not clean and this aspect may be taken into consideration. From the cases of antecedent, the cases have been filed either of bank dacoity or of theft in addition of that, case of N.D.P.S. Act and Arms Act have also been pending against the petitioner.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, 3 months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Patna in connection with Beur P.S. Case No.359 of 2021, G.R. No.5557 of 2021 subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of
3/4 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Kotwali P.S. Case No.308 of 2015.
ii. Kankarbagh P.S. Case No. 963 of 2019.
iii. Gardanibagh P.S. Case No. 265 of 2015.
4/4 iv. Gardanibagh P.S. Case no. 264 of 2015.
v. Kotwali P.S. Case No.329 of 2015.
vi. Gardanibagh P.S. Case No. 285 of 2015.
(Dr. Anshuman, J.) Prakashmani/- U T