Shankar Ram @ Aalam Jee @ Alam Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21865 of 2017 Arising Out of PS.Case No. -108 Year- 2011 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Shankar Ram @ Aalam Jee @ Alam Jee, son of Late Tapeshwar Ram, resident of Village- Pipra, P.S.- Mali, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Nabinagar P.S.Case No.108 of corresponding to G.R.No.1067 of 2011 registered for offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act and 17 of the C.L.A. Act.

The petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case. It is submitted on behalf of the petitioner that except confessional statement, there is nothing against the petitioner as well as there is no recovery. He is accused in one more case but he is on bail in that case. In the present case, he is in custody for more than four months.

Patna High Court Cr.Misc. No.21865 of 2017 (2) dt.10-05-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of clean antecedent and no recovery from the possession of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.,- IV, Aurangabad in connection with Nabinagar P.S. Case No.108 of 2011 dated 05.06.2011 corresponding to G.R.No.1067 of 2011. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U