Kamod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31189 of 2018 Arising Out of PS.Case No. -19 Year- 2013 Thana -NANHPUR District- SITAMARHI ====================================================== Kamod Ram S/o Jeewach Ram, R/o Vill.- Saavahari Rampur, P.S.- Aurai, Distt.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nanpur P.S. Case No.19 of 2013 registered for the offence punishable under Section 395 of the Indian Penal Code. It has been submitted that the petitioner is neither named in the F.I.R. nor there is any specific allegation against this petitioner. As per F.I.R., six unknown miscreants committed robbery in the petrol pump. The name of this petitioner surfaced in confessional statement of co-accused Amresh Thakur who was apprehended in a different case. The petitioner is in custody since 12.02.2018 having clean antecedent except one case registered for the offence under section 224 of the Indian Penal Code. The other co-accuseds have been allowed bail by different benches of this court in Cr.Misc.No.42141 of 2013, Cr.Misc.No.46818 of 2013, Cr.Misc.No.47501 of 2013 and

Patna High Court Cr.Misc. No.31189 of 2018 (3) dt.09-07-2018 Cr.Misc.No.48869 of 2013. The case of this petitioner stands on similar footing and so he deserves to be enlarged on bail. The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to 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 Additional Sessions Judge II, Sitamarhi in connection with Nanpur P.S. Case No.19 of 2013 corresponding to Sessions Trial No.339 of 2013, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U