Bajrang Ram @ Bajrang Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45266 of 2022 Arising Out of PS. Case No.-57 Year-2022 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== BAJRANG RAM @ BAJRANG KUMAR S/O SUSHIL RAM Resident of Mohalla- Jainagar, Maskari tol, P.S.- Jainagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with L.N.M.U P.S. Case No. 57 of 2022 registered for the offences punishable under Sections 379 of the Indian Penal Code. As per prosecution case, the motorcycle of informant was stolen by some unknown person.
Learned counsel for the petitioner submits that petitioner is remanded in this case on 28.03.2022 and since then he is in custody. Petitioner bears criminal antecedent of two cases. Charge sheet has been submitted in the case and there is
Patna High Court CR. MISC. No.45266 of 2022(2) dt.09-12-2022 2/3 no likelihood of tampering with the prosecution evidence. Learned counsel for the petitioner submits that petitioner is not named in FIR. The name of the present petitioner surfaced in this case upon the confessional statement of co-accused Alok Kumar who was apprehended by the police in connection with L.N.M.U. P.S. case no. 56 of 2022. He further submits that the alleged motorcycle was recovered from outside of the house of the petitioner. Petitioner has no concern with other co-accused and the said occurrence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-8, Darbhanga in connection with L.N.M.U P.S. Case No. 57 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or
Patna High Court CR. MISC. No.45266 of 2022(2) dt.09-12-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) alok/- U T