Ramadhar Dharikar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16727 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN (BETTIAH) ====================================================== Ramadhar Dharikar Son of Dhundhun Dharikar Resident of VillageBilashpur, Police Station Ram Nagar, District West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Lalan Kumar Verma, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 12.02.2017 in connection with Narkatiaganj R.P.F. Post Case No. 03 of 2016 for the alleged offences under Section 3 of the Railway Property (Unlawful Possession) Act.
3. It is submitted that the petitioner has been falsely implicated in connection with 9 bags of sugar said to have been recovered from the goods train. It is submitted that such recovery has been made from the house of co-accused Shambhu Sah and there is no recovery from the possession of the petitioner. The petitioner's name has surfaced on the confessional statement of coaccused Shambhu Sah, who, in turn, has already been granted bail by the learned court below in B.P. No. 1188 of 2016. Similarly situated co-accused Rajeb Yadav has been granted anticipatory bail by this Court in Cr. Misc. No. 4423 of 2017.
4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten
Patna High Court Cr.Misc. No.16727 of 2017 (2) dt.08-04-2017 2/2 thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. Railway, Bettiah (West Champaran) in connection with Narkatiaganj R.P.F. Post Case No. 03 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) B.T/- U T