Patna High CourtCR. MISC./31641/2016bail granted

Rahul Ram v. The State Of Bihar

2016-09-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31641 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Ram S/o Dinesh Ram, Resident of village- Gheghawa, P.S. Madhuban, District-East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimalesh Kumar For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Madhuban P.S. Case No. 23 of 2016 for the offences instituted under Sections 395, 397 and 412 of the Indian Penal Code.

There is allegation that 5/6 unknown persons have looted all the valuable articles from the house of the informant, on the point of pistol.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.02.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not

Patna High Court Cr.Misc. No.31641 of 2016 (3) dt.16-09-2016 2/2 named in the First Information Report. The alleged occurrence is said to have taken place at 11.00 in the night and the petitioner is said to have been identified at the police station by the informant. The source of identification has not been disclosed nor procedure for conducting Test Identification Parade has been followed. It is further submitted that the petitioner may be released on bail after completion of 9 (nine) months in custody i.e. from 03.02.2016. On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail, after completion of 9 (nine) months in custody i.e. from 03.02.2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, East Champaran, Motihari, in connection with Madhuban P.S. Case No. 23 of 2016.

(Sudhir Singh, J.) Amit/- U T