Pramod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14954 of 2024 Arising Out of PS. Case No.-33 Year-2010 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Pramod Ram Son of Khenhar Ram Resident of Village- Tikuliya, Chanpatia, P.S.- Bettiah, District- West Champaran, Bihar ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Mohan, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Purshottampur P.S. Case No. 33 of 2010 dated 26.09.2010 registered for the offence punishable under Section 308 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with other accused persons entered into the house of the informant and committed theft of a box containing jewellery of silver, gold and clothes.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that F.I.R. has been lodged after 15 days
Patna High Court CR. MISC. No.14954 of 2024(2) dt.11-03-2024 2/3 without any plausible explanation. Nothing has been recovered either from the conscious possession of the petitioner or from his house. Lastly, it has been submitted that the petitioner is in custody since 05.12.2023, having four criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran in connection with Purshottampur P.S. Case No. 33 of 2010, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner
Patna High Court CR. MISC. No.14954 of 2024(2) dt.11-03-2024 3/3 is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Khatim Reza, J) prabhat/- U T