Ramanuj Prasad @ Ramanuj Yadav @ Anuj Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26702 of 2020 Arising Out of PS. Case No.-155 Year-2014 Thana- PARASBIGHA District- Jehanabad ====================================================== RAMANUJ PRASAD @ RAMANUJ YADAV @ ANUJ PRASAD S/O Chhotan Yadav Residence of Village - Mirganj, P.S. - Sakurabad, Distt. - Jehanabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Parasbigha P.S. Case No. 155 of 2014 G.R No. 3318/14, registered for the offence punishable under Sections 147, 149, 436 of the Indian Penal Code and section 27 of the Arms Act and section 17 CLA Act. As per prosecution case, on 28.12.2014 at about 1.30 am, while the informant was sleeping in the hut near the Tower, four persons with 05 litres of petrol came before him and took the key and set on fire the Tower, Generator and hut. After sometime, the miscreants came to him and pushed him out and
Patna High Court CR. MISC. No.26702 of 2020(2) dt.13-10-2020 2/3 ordered him to stay out and they fled away. The informant due to darkness could not identify them.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 12.01.2020.
Considering the facts and circumstances of the case, the petitioner above-named, 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 the learned Judicial Magistrate Ist, Jehanabad in connection with Parasbigha P.S. Case No. 155 of 2014, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.26702 of 2020(2) dt.13-10-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T