Ramesh Kumar @ Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35277 of 2017 Arising Out of PS.Case No. -296 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramesh Kumar @ Chotu Son of Mantu Sah, R/o Ward No.- 20, Raxaul, P.S.- Raxaul, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 16.12.2015 in connection with Raxaul P.S. Case No. 296 of 2015 for offences punishable under Sections 386 and 120(B) of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he has a Dish and Mobile shop in which his father is the proprietor. He got ransom calls time and again from a mobile no. 7808858414 and ultimately he went with one lac and two mobiles and also informed the police.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.35277 of 2017 (3) dt.14-09-2017 2/3 aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and that he is in custody for more than 1 year and 8 months.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught red handed with a bag containing one lac and mobile, although, the mobile used for demanding ransom did not belong to the petitioner. Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, District-East Champaran in connection with Raxaul P.S. Case No.

296 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

Patna High Court Cr.Misc. No.35277 of 2017 (3) dt.14-09-2017 3/3 will also appear before the concerned police station in the first week of every month.

(Nilu Agrawal, J) Devendra/- U T