Ram Vinay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27635 of 2021 Arising Out of PS. Case No.-203 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== RAM VINAY SON OF LATE SACHIDANAND PANDEY R/O VILLAGEDHANKUTWA, P.S- BALTHAR, DIST- WEST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 11-08-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 409, 420 and 427 of the I.P.C. Informant is the Assistant Postal Superintendent, West Sub-Division, Bettiah, who has alleged in his written complaint that several Adhar cards were found thrown by side of Sikarhana river which is under the distribution area of Ghogha Branch, Post Office, in which petitioner was posted as Post Master. On the basis of preliminary inquiry, petitioner was found guilty of throwing the Adhar Cards and he was relieved from his duty.

Patna High Court CR. MISC. No.27635 of 2021(3) dt.11-08-2021 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Not a single Adhar Card has been seized by the police and none of the beneficiary has ever claimed for Adhar Cards. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bettiah, West Champaran, in connection with Gopalpur P.S. Case No. 203 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and

Patna High Court CR. MISC. No.27635 of 2021(3) dt.11-08-2021 3/3 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) Rajiv/veenaU T