Hiralal Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.57761 of 2015 (2) dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57761 of 2015 Arising Out of PS.Case No. -296 Year- 2008 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hiralal Ram S/o Late Mohan Ram, resident of village- Mahuraha Kaulachi Tola, P.S.- Ramnagar, District- West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anand Kishore Choudhary For the Opposite Party : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ramnagar, P.S. Case No. 296 of 2008 registered for the offence punishable under Section 395 of the Indian Penal Code. The petitioner is not named in the F.I.R. It is alleged that 15-16 unknown miscreants committed dacoity and took away cash and mobiles. During investigation the name of the petitioner transpired in the confessional statement of co-accused Babu Lal Rai and it is submitted that co-accused Babu Lal Rai has been admitted to bail and it is further stated that other co-accused Lallan Bhar and Rajeshwar Bhar @ Rameshwar Bhar have also been

Patna High Court Cr.Misc. No.57761 of 2015 (2) dt.30-01-2016 allowed bail by this Court vide Criminal Misc. No. 49722 of 2012. The petitioner was not aware of that case and as such he has not surrendered earlier but later on he has been arrested resulting he is in custody since 7.9.2015.

In the facts and circumstances stated above, considering the period of abscondance, at present this Court is not inclined to enlarge the petitioner on bail. However, after framing of charge the petitioner shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., Bagaha, in connection with Ramnagar P.S. Case No. 296 of 2008, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T