Ramjan @ Vikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49787 of 2015 Arising Out of PS.Case No. -140 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ramjan @ Vikki Son of Alamgir R/o MOhalla Najnin Chowk, P.S. Bettiah Town, District West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv For the Opposite Party/s : Mr. Bharat Bhushan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-11-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-307, 387/34 of the Indian Penal Code and Section 27 of the Arms Act, the petitioner was neither named in the First Information Report nor even in the protest petition and in fact he has been sought to be implicated on the basis of confessional statement of a co-accused in some other case and that thereafter no link has been found by the investigating agency against the petitioner, this Court keeping in view that the petitioner also has clean
Patna High Court Cr.Misc. No.49787 of 2015 (2) dt.05-11-2015 antecedent, would find him entitled for grant of privilege of anticipatory bail.
That being so, if the petitioner namely, Ramjan surrenders within a period of four weeks from today, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 140 of 2014, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the bailor shall also state on affidavit that they will inform the Court concerned if
Patna High Court Cr.Misc. No.49787 of 2015 (2) dt.05-11-2015 the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U