Subodh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26668 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== SUBODH RAM S/O LATE BRIJ KISHORE RAM Resident of VillageLasgaripur, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 13.08.2022 in connection with Motipur P.S. Case No.288/2022, dated 11.08.2022, for the offences punishable under Sections 395 of the IPC.

3. According to prosecution case, the pickup van of the informant along with goods loaded thereon was overtaken on a black colored four wheeler and has been looted by the miscreants.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of suspicion. He further submits that the petitioner has previous antecedent, so, he has been falsely implicated in the

Patna High Court CR. MISC. No.26668 of 2023(3) dt.20-07-2023 2/3 present case. Thereafter the statement of the petitioner was recorded in which he has confessed his guilt. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 13.08.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried five criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that the petitioner is on bail in all the five cases.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned A.C.J.M.- II, Muzaffarpur in connection with Motipur P.S. Case No.288/2022, subject to the following conditions:-

1. 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

Patna High Court CR. MISC. No.26668 of 2023(3) dt.20-07-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T