Cham Cham Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30439 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -BUXAR District- BUXAR ====================================================== Cham Cham Ram, Son of Late Sagar Ram, resident of Village- Kathariya, P.S. Narhi, District- Baliya (U.P.).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 18.05.2017 in connection with Buxar (T) P.S. Case No. 119 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that having parked his motorcycle outside the Buxar Civil Court premises, he went to the court premises and when he returned, he found his motorcycle missing.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First

Patna High Court Cr.Misc. No.30439 of 2017 (3) dt.07-08-2017 2/3 Information Report and on raid conducted in a garage, ten stolen motorcycles were recovered and the petitioner was present there, hence, he has been made accused not only in this case, but also in four other cases of similar nature. He submits that the petitioner has been implicated only on the ground of suspicion and nothing has been recovered from his conscious possession.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 119 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner and if in future, petitioner indulges in similar nature

Patna High Court Cr.Misc. No.30439 of 2017 (3) dt.07-08-2017 3/3 of offence, the prosecution will be at liberty to move before the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T