Sanjay Ram @ Sanjeet Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23134 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- BHARGAMA District- Araria ====================================================== Sanjay Ram @ Sanjeet Ram S/o Mahendra Ram Resident of VillageKoriyapatti Rajgaon, P.S.-Jadiya, District-Supaul. ... ... 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.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Bhargama P.S. Case No. 26 of 2020, registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, on 24-02-2020 at about 8:30 PM, while the informant was at his company office, four unknown miscreants with fire-arms entered into the office and on the point of pistol, looted away cash of Rs. 76,065/- and two mobile phones and thereafter, all fled away by opening fire in air.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of the petitioner has come on the basis of information given by a spy and further in confessional statement of co-accused Shyam Sundar Yadav. It is further

Patna High Court CR. MISC. No.23134 of 2020(4) dt.02-11-2020 2/2 submitted that no looted article has been recovered from the possession of petitioner. Chargesheet has already been submitted. The petitioner is in custody since 21-03-2020. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 26 of 2020 on the following conditions:

"(1) Petitioner shall cooperate 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 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.".

(Prabhat Kumar Singh, J.) anay/- U T