Jay Chandra Ram v. The State Of Bihar
Patna High Court Cr.Misc. No.23925 of 2017 (3) dt.05-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23925 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -MOTIHARI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jay Chandra Ram Son of Late Lalman Ram, Resident of VillageNakchhed Tola, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who is in custody since 23.07.2016 has renewed his prayer for bail in connection with Motihari Town P.S. Case No. 262 of 2016 for the offences alleged under Sections 457 and 380 of the Indian Penal Code and later on Section 411 of the of the Indian Penal Code has been added, having earlier been rejected by this Court by order dated 17.10.2016 in Criminal Miscellaneous No. 41569 of 2016.
3. It is submitted that the petitioner has been falsely implicated as the stolen Lenevo mobile phone recovered from his possession was purchased from co-villager Reyazul on assurance that the papers would be supplied later on.
4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 23.07.2016 already suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to
Patna High Court Cr.Misc. No.23925 of 2017 (3) dt.05-07-2017 the satisfaction of learned A.C.J.M-3, East Champaran, Motihari in connection with Motihari Town P.S. Case No. 262 of 2016. 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 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.
(iv) 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. (Vikash Jain, J) Chandran/BT U T