Uttam Ram @ Uttam Kumar Ram @ Uttam Kumar @ Suraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18038 of 2020 Arising Out of PS. Case No.-125 Year-2018 Thana- BARHAT District- Jamui ====================================================== UTTAM RAM @ UTTAM KUMAR RAM @ UTTAM KUMAR @ SURAJ Son of Ram Das @ Manoj Ram R/o Village -Dharampur, P.S.-Shambhuganj, District - Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Pratap Singh For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== 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.) 10-06-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. The case is of bank dacoity of Rs.8,25,248 and FIR was lodged against five unknown persons.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that petitioner is not named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused Ranjit Kumar Manjhi and except said
Patna High Court CR. MISC. No.18038 of 2020(2) dt.10-06-2020 2/3 confessional statement, there is no any other incriminating material against the petitioner and said Ranjit Kumar Manjhi and other four co-accused have already been granted bail by different Benches of this Court vide Annexure 4 series. Nothing has been recovered from the possession of the petitioner. Petitioner, who is suffering from mental disease, is in custody since 16.12.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barhat P.S. Case No. 125 of 2018, 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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.18038 of 2020(2) dt.10-06-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T