Mukesh Ram @ Mukesh Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31728 of 2024 Arising Out of PS. Case No.-314 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== MUKESH RAM @ MUKESH KUMAR RAM SON OF NAND KISHORE RAM RESIDENT OF VILLAGE - MAHINATH NAGAR, P.S. - BELDAUR, DISTRICT - KHAGARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Beldaur P.S. case No. 314 of 2023 instituted for the offences under Sections 392, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that, one suspicious girl called the informant regarding withdrawal of money. When the informant was on the way, four unknown miscreants attacked him with pistol and which hit him on the left shoulder. It is further alleged that they looted Rs. 3,50,000/-, laptop and motorcycle from the informant.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.31728 of 2024(3) dt.10-05-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Sunil Ram who has already been granted bail by this Bench vide order dated 23.04.2024 passed in Cr. Misc. No. 30740 of 2024. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.11.2023 and has six criminal antecedents but he is on bail in all the cases.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the 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 Court below/concerned Court in connection with Beldaur P.S. case
Patna High Court CR. MISC. No.31728 of 2024(3) dt.10-05-2024 3/3 No. 314 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) 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.
(IV) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T