Kant Ram @ Kant Dharhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34593 of 2016 Arising Out of PS.Case No. -19 Year- 2007 Thana -KORMA District- SEKHPURA ====================================================== Kant Ram @ Kant Dharhi, Son of Late Bideshi Ram, resident of VillageBhadausi, P.S. Korma District- Sheikhpura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar, Advocate. For the Opposite Party : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.05.2016 in connection with Sessions Trial No. 66 of 2015/123 of 2015, arising out of Korma P.S. Case No. 19 of 2007 for the offences instituted under Section 395 of the IPC.

The prosecution story, in brief, is that the informant alongwith associates were passing through road on the motorcycle upon which 5-6 persons were lying on the road in order to prevent the said vehicle and it is alleged that all the miscreants started assaulting by stick. They snatched chain, shoe, mobile and cash on the point of Katta. They demanded ransom and ordered to stop the work and they have also threatened to shoot if, information was being sent to the police. Thereafter they fled away.

Patna High Court Cr.Misc. No.34593 of 2016 (3) dt.03-10-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.05.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the FIR. There is no recovery of any incriminating article from his possession. He has not been put on T.I. Parade. It is further submitted that the petitioner may be released on bail after completion of nine months in custody from 04.05.2016. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R. His name has come in the confessional statement of the co-accused. Two cases are pending against him.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of nine months in custody from 04.05.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Sheikhpura, in connection with Sessions Trial No. 66 of 2015/ 123 of 2015, arising out of Korma P.S. Case No. 19 of 2007.

U.K./- (Sudhir Singh, J) U T