Devmunna Ram @ Devmuna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16756 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Devmunna Ram @ Devmuna Ram Son of Dina Ram, Resident of VillageBandhpa, Police Station-Akorhi Gola, District-Rohtas at Sasaram .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.01.2017 in connection with Nasriganj P.S. Case No. 183 of 2016 for the offences alleged under Sections 379 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against accused Gulam Rasool and Kapil Mansoori, who were seen taking the informant's buffaloes from the house of Akhtar Mansoori. No recovery of any incriminating articles has been made from the possession of the petitioner whose name has surfaced on the confessional statement of accused Dhanji Ram. There is delay in instituting the first information report on 01.10.2016 for the alleged occurrence of 29.09.2016. The petitioner is on bail in respect of other prior case, namely, Akorhi Gola P.S. Case No. 110 of 2016 in which he has been made accused.

4. Be that as it may, 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.16756 of 2017 (2) dt.11-04-2017 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Sub Judge-1st-cum-Additional Chief Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Nasriganj P.S. Case No. 183 of 2016 with 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/Chandran U T