Ram Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15833 of 2016 Arising Out of PS.Case No. -248 Year- 2015 Thana -JOKIHAT District- ARRARIA ====================================================== Ram Kumar Roy Son of Dinesh Roy Resident of Village - Rampur, Police Station - Araria (O.P. Bairgachhi), District - Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Pranav Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in connection with Jokihat P.S. Case No. 248 of 2015 registered for the offences punishable under Sections 392, 395 and 397 of the Indian Penal Code. Allegedly, three unknown motorcycle borne miscreants at the point of pistol and after injuring with butt snatched bag of the informant containing cash of Rs. 8,58,000/-, laptop, mobile, pass book, cheque book, Aadhar Card, Pan Card, identity card, etc. The informant claimed to identify them after seeing. During investigation, three witnesses stated the name of the petitioner and others who did the said crime. Submission is of false implication and that the
Patna High Court Cr.Misc. No.15833 of 2016 (3) dt.21-06-2016 2/3 statement of the three witnesses have been recorded after seventeen days of the occurrence, those witnesses have claimed that they brought the informant near doctor for treatment but at that time these witnesses did not disclose the name of the culprits resulting no one is named in the first information report and further these three witnesses have claimed that miscreants came on two motorcycle whereas the informant has claimed regarding involvement of three accused who came on one motorcycle. The petitioner has not been put on T.I.P., nothing has been recovered from his conscious possession and, as such, he deserves sympathetic consideration.
The learned APP submits that three witnesses have named the petitioner and others.
In the facts and circumstances stated above, considering the chargesheet has already been submitted and there is no chance of tampering with prosecution evidence, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 248 of 2015, subject to the conditions that one of the bailors must be a near relative and another having
Patna High Court Cr.Misc. No.15833 of 2016 (3) dt.21-06-2016 3/3 sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Mishra/- U T