Ramadhar Rai @ Ramadhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19586 of 2022 Arising Out of PS. Case No.-109 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Ramadhar Rai @ Ramadhar Kumar Son Of Harindra Ray Resident Of Village- Lakshmipur Narayanpur, Police Station- Tisiauta In The District Of Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and the State.

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

The petitioner is in custody in connection with Jandaha P.S. Case No. 109 of 2021 under section 392 of the Indian Penal Code.

The allegation in the FIR is that when the informant was going on a four wheeler towards 'Jandaha Bazar', he was intercepted by the accused persons and at the point of revolver, the car was snatched. Accordingly, the case was registered against unknown accused.

Learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No.19586 of 2022(2) dt.02-08-2022 2/3 to criminal antecedent, his name has cropped up in the case and was forced to made confession before the police. Although, neither TIP has been conducted nor anything has been recovered/seized from him and he is in custody since 30.11.2021. He lastly submits that one of the co-accused Golu Kumar has since been released on bail on 8.6.2002 vide Cr. Misc. No. 9216 of 2022.

Taking into account the fact that nothing has been recovered from his possession, is in jail since 30.11.2021 (as stated in para-11 of the bail application) as also the fact that one of the co-accused has since been granted the privilege of bail, this Court is inclined to grant him the privilege of bail subject to the conditions as he has criminal antecedent. Let the petitioner 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, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 109 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.19586 of 2022(2) dt.02-08-2022 3/3 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 fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T