Patna High CourtCR. MISC./47435/2017bail granted

Umesh Ram v. The State Of Bihar

2017-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47435 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -PIPRA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Umesh Ram son of Shiv Chandra Ram @ Kaushal Ram, resident of Village- Pipra, Police Station- Pipra, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.06.2017 in connection with Pipra P.S. Case No. 73 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on suspicion merely because he has some criminal antecedents. Except his self-confession extracted by the police, there is no material to connect the petitioner with the alleged offence. It is further submitted that no recovery of any incriminating articles has been made from conscious possession of the petitioner nor Test Identification Parade has been conducted for his identification.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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 the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P.S. Case No. 73 of 2017, on the

Patna High Court Cr.Misc. No.47435 of 2017 (2) dt.18-10-2017 2/2 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 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.

(iv) 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.

(Vikash Jain, J) B.T/Chandran U T