Baldeo Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39739 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Baldeo Ram S/o Ram Late Bhagrasan Ram, R/o Vill.- Khairwa Tola, P.S.- Chanpatiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No.-7 For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 414/34 of the IPC. The prosecution case as per the written report of Amarnath Singh, A.S.I. of police dated 9.1.2018, submitted to the S.H.O., Banuchhapar is to the effect that on 8.1.2017 at 10.30 P.M., the informant along with other police personnel was on patrolling duty. At 3.00 A.M., when he reached near Durga Mandal chowk, he saw three persons going on a rickshaw. When the signal was given to stop, the rickshaw puller along with the three persons started fleeing, whreupon, on chase, two persons were apprehended while two managed to escape. The apprehended accused disclosed their names as Deepak Ram and Sunil Kumar and they also disclosed the name of the persons
Patna High Court Cr.Misc. No.39739 of 2018(2) dt.10-07-2018 2/3 who fled away as Prem Bhagat and Baldeo Ram, the petitioner. On search being made, one 8 HP dynamo was recovered from the rickshaw.
It is submitted by learned counsel for the petitioner that on the confessional statement of co-accused Deepak Ram, the name of the petitioner sprang up. It is further submitted that coaccused Deepak Ram is on inimical terms with the petitioner, as the wife of the petitioner lodged Chanpatiya P.S. Case No. 159 of 2014 on 13.6.2014, as contained in Annexure- 2 against Deepak Ram and his brother. The petitioner is accused in one other case vide Chanpatiya P.S. Case No. 173 of 2018 but he is on bail in that case. Statement to that effect has been made in paragraph 3 of the petition.
Learned APP submits that the name of the petitioner sprang up in the confessional statement of co-accused Deepak Ram. Considering the fact that there is no recovery from the petitioner, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No.12 of 2018
Patna High Court Cr.Misc. No.39739 of 2018(2) dt.10-07-2018 3/3 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U