Bullu Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.12039 of 2018 (2) dt.06-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12039 of 2018 Arising Out of PS.Case No. -210 Year- 2017 Thana -KHAIRA District- JAMUI ====================================================== Bullu Ram S/o Late Bishun Ram, R/o Village- Kalyanpur, P.S. and District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.12.2017 in connection with Khaira P.S. Case No. 210 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and having been remanded in this case after the arrest in Khaira P.S. Case No. 377 of 2017 instituted under the Arms Act. The petitioner's name has transpired on the confessional statement of co-accused Sajan Kumar who has since been granted bail in Cr. Misc. No. 63612 of 2017. It is submitted that except such statement, there is no other material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the possession of the petitioner nor he has been put on test identification parade for his identification.

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/-

Patna High Court Cr.Misc. No.12039 of 2018 (2) dt.06-03-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 210 of 2017, 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) Md. Ibrarul/BT U T