Rajendra Ram @ Rajesndra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3306 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -BAGAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajendra Ram @ Rajesndra Ram son of Dhurup Ram resident of village Goriyapatti, P.S. Bagaha, District West Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kr Singh No. 1 For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with Bagaha P.S. Case No. 41 of 2016 for the offences alleged under Sections 461 and 379 of the Indian Penal Code having earlier been rejected by this Court by order dated 18.08.2016 in Criminal Misc. No. 32816 of 2016.

3. It is submitted that the petitioner has been falsely implicated and no recovery of stolen goods have been made from his possession. In his confession, the petitioner had named Jitendra Chaudhary from whom recovery had been made and who has since been granted bail by this Court in Criminal Misc. No. 53238 of 2016 by order dated 11.01.2017. It is submitted that the petitioner's case stands on a better footing than co-accused Jitendra Chaudhary.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.3306 of 2017 (2) dt.06-02-2017 2/2 circumstances of the case as well as the period of custody by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 41 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Amin/Ibrar U