Ramayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51904 of 2018 Arising Out of PS. Case No.-107 Year-2011 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Ramayan Ram, S/o Late Bhailal Ram, resident of Village- Bhikhanpur, P.S.- Bhagwanpur Hat, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s =================================================== === Appearance :

For the Petitioner/s :

Mr. Suman Kumar For the Opposite Party/s :

Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhagwanpur P.S. Case No. 107 of 2011 registered for the offences punishable under Sections 406, 420 and 409 of the Indian Penal Code and under Section 07 of Essential Commodities Act.

Allegation against petitioner (P.D.S. dealer) is misappropriation of money and breach of trust. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.51904 of 2018(4) dt.11-10-2018 2/3 falsely implicated in this case. He has no criminal antecedent and he is in custody since 31.03.2018.

In the facts and circumstances as stated above, petitioner is directed to be released on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur P.S. Case No. 107 of 2011. The learned court below will confirm the provision bail of the petitioner after payment of Rs. 1.5 lacs to the informant in four months, failing which the bail bond of the petitioner shall be cancelled with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court Cr.Misc. No.51904 of 2018(4) dt.11-10-2018 3/3 Accordingly, this Criminal Miscellaneous stands disposed of.

(S. Kumar, J) Rajiv/ManojU T