Ram Balak Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15534 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== RAM BALAK PRASAD Son of Dev Narayan Prasad Resident of Village - Bahuara Bhan, P.S. - Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2022 Heard learned counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Chakiya P.S. Case No. 11 of 2022 for the offences under Sections 401, 413 and 414 of the Indian Penal Code. Allegation against him is that the police upon information raided his shop and found some scrap materials of the road roller. Admittedly, the persons who were there to get the said road roller turn into a scrap had not produced any valid documents. Learned counsel for the petitioner submits that under the bona fide relief that the Road Roller belong to the accused persons, he acted for which he has already suffered. Taking into consideration that charge sheet has been submitted in the matter and the petitioner is in judicial custody since 09.01.2022 (as stated in paragraph-11 of the bail

Patna High Court CR. MISC. No.15534 of 2022(2) dt.11-07-2022 2/2 application), let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class Motihari, East Champaran in connection with Chakiya P.S. Case No. 11 of 2022, subject to the following conditions.

(i) both the bailors should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every month for next six months to mark his presence; (iv) in case, he is found to be indulged in any criminal activity, the State will be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

Jagdish/- (Rajiv Roy, J) U T