← Library
Patna High CourtCR. MISC./23/2017bail granted

Awadh Ram v. The State Of Bihar

2017-03-03Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.23 of 2017 (3) dt.03-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23 of 2017 Arising Out of PS.Case No. -17 Year- 2016 Thana -BARUN District- AURANGABAD ====================================================== Awadh Ram, Son of Chhaku Ram, Resident of village - Tola Jaynagar (Near Patan ), P.S. Patan, District - Palamu ( Jharkhand ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2017 Heard both sides.

The petitioner seeks bail in Barun P.S. Case No. 17/2016, registered for the offences punishable under Sections 25(1-b), 26, 27 and 35 of the Indian Penal Code. The police on information that some criminals were committing robbery in Bharat Petrol Pump reached there and found one Sunil Ram, lying unconscious. Sunil Ram was apprehended and from his possession one loaded country-made pistol, two live cartridges and Rs. 8,800/- were recovered. Sunil Ram disclosed the names of Chhotu Ram, Awadh Ram (petitioner) and Manjit Singh who were accompanying him in the robbery.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.23 of 2017 (3) dt.03-03-2017 present case Barun P.S. Case No. 17/2016 is registered under Sections 25(1-b), 26, 27 and 35 of the Arms Act for recovery of arms from the possession of Chhotu Ram and Barun P.S. Case No. 16/2016 was registered under Section 394 and 411 of the Indian Penal Code for recovery of the robbed property from the possession of Sunil Ram and in both the cases, the name of the petitioner figured in the confessional statement of the co-accused Sunil Ram. Nothing has been recovered from the possession of the petitioner. Similarly situated co-accused Manjit Singh has already been granted bail vide order dated 19.08.2016 passed in Cr. Misc. 32512/2016. The case of the petitioner stands on the same footing. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 17/2016. (Prabhat Kumar Jha, J.) Vinita/- U T