Om Prakash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7200 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Om Prakash Ram, Son of Jhagru Ram, resident of Village- Khajuriya, PSKotwa, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 16.11.2016 in connection with Sangrampur P.S. Case No. 73 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was returning home, few miscreants snatched the keys of his motorcycle, took away the same and also assaulted him.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated by another co-accused, Sonu Ram in his

Patna High Court Cr.Misc. No.7200 of 2017 (2) dt.06-03-2017 2/3 confessional statement, which has no evidentiary value in the eye of law. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner, and the stolen motorcycle has been recovered from the possession of one Satendra Kumar. It is also submitted that said Sonu Ram has since been granted the privilege of bail by this Court in Cr. Misc. No. 52377 of 2016 on 16.12.2016 and another coaccused has also been granted the privilege of bail in Cr. Misc. No. 51079 of 2016 on 28.11.2016. He submits that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 73 of 2016, subject to the condition that the petitioner will appear before the Police/ Court on each and every date and failure to appear before the learned Court below

Patna High Court Cr.Misc. No.7200 of 2017 (2) dt.06-03-2017 3/3 on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T