Ram Chandra Ram (Dakbabu) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34257 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== Ram Chandra Ram (DAKBABU) Son Of Late Ram Sebak Ram @ Late Ram Sewak Ram Resident Of Village Ward No. 10, Malahi, Ps- Sursant, DistSitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dinesh Prasad Sah Son of Late Shiv Sharan Sah Resident of Village- Jabdi, PS- Parihar, Dist- Sitamarhi 3.

The Union of India through Chief Post Master Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the UOI Mr. Uma Shankar Verm, Sr. Adv.

For the State :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 406, 420, 504, 506, 409, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other accused is said to have committed forgery of Rs. 1,20,000/- with the informant by abusing their post.

4. Learned counsel for the petitioner submits that the petitioners is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is specific allegation against co-

Patna High Court CR. MISC. No.34257 of 2023(5) dt.17-10-2023 2/3 accused namely Shamshul Hoda who filled up the form and the informant had handed over the documents and money to him. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 10.04.2023 passed in Cr. Misc. No. 5320 of 2023. He submits that the petitioner is a postman in the Post Office, Parihar and it is not the job of the postman to exchange money. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.

5. However, petitioner is ready to deposit Rs. 60,000/- in the account of the informant within a period of eight weeks.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for a period of two months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.34257 of 2023(5) dt.17-10-2023 3/3 Parihar P.S. Case No. 299 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. The provisional bail of the petitioner shall be confirmed by the learned court below on showing the receipt of deposit of the aforesaid amount in the account of the informant within the stipulated period.

(Anjani Kumar Sharan, J) devendra/- U T