Sigsashan Ram @ Singashan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26244 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================
1. SIGSASHAN RAM @ SINGASHAN RAM Son of Late Sadhu Ram, Resident of Village- Jadwan, P.S.- Akorhigola, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Mohan Mishra, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Nasriganj (Rajpur) P.S. Case No. 153/16, registered for the offence punishable under Section 395 of the Indian Penal Code, but subsequently Section 412 of the Indian Penal Code has also been added.
The prosecution case, as lodged by the informant, is that while he was with his tempo at Gola Road Stand two persons came, demanded his tempo on rent and taken to some place. The driver and the informant sat with the aforesaid person, but on the way 10 miscreants intercepted and took away the tempo, mobile and cash of the informant and his driver.
Patna High Court Cr.Misc. No.26244 of 2017 (2) dt.06-07-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and has been arrested in another case bearing Akorhigola P.S. Case No. 110/16 and remanded in the present case on 08.11.2016. He submits that it is only on the basis of confessional statement of co-accused that his name surfaced. It is submitted that nothing has been recovered from his conscious possession and other co-accused, who were made accused on the basis of suspicion, have since been granted the privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 10844 of 2017 on 18.05.2017 and Cr. Misc. No. 19773 of 2017 on 21.06.2017. It is further submitted that the charge-sheet 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 Sub-Divisional Judicial Magistrate, Rohtas, Sasaram, in connection with Nasriganj (Rajpur) P.S. Case No.
Patna High Court Cr.Misc. No.26244 of 2017 (2) dt.06-07-2017 3/3 153/16, subject to the condition that one of the bailors would be a close relative of the petitioner, who would have sufficient immovable property within the jurisdiction of the concerned police station and will file an affidavit showing his relationship with the petitioner and that petitioner will appear before the learned court below during trial on each and every date and failure to appear on three consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T