Babloo Ram @ Bablu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25885 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== BABLOO RAM @ BABLU RAM S/O RAM BACHAN RAM R/o villageChanda, P.S.- Chand, District- Kamur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chand P.S. Case No. 47 of 2020 registered for the offence under Sections 457 and 380 of the Indian Penal Code. The case relates to theft in the house of the informant.

Learned counsel for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not

Patna High Court CR. MISC. No.25885 of 2021(2) dt.22-11-2021 2/3 been named in the F.I.R. but he has been made accused in this case merely on the basis of confessional statement of the co-accused, Anil Sah @ Anil Keshari. Save and except confession, nothing is on record against the petitioner. Moreover, the co-accused, namely, Anil Sah @ Anil Keshari, has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.06.2021 passed in Cr. Misc. No. 9854 of 2021 and this petitioner is rotting in judicial custody since 11.01.2021.

Learned A.P.P. has opposed the prayer for bail of this petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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 Additional Chief Judicial Magistrate-IV, Kaimur at Bhabhua in connection with Chand P.S. Case No. 47 of 2020 with the following conditions:

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.25885 of 2021(2) dt.22-11-2021 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T