Patna High CourtCR. MISC./49233/2023bail granted

Kumod Ram v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49233 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== KUMOD RAM S/O BRAJ KISHORE RAM R/O VILLAGELASKARIPUR, PS. KANTI, DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chakmeshi P.S. Case No. 60 of 2022 dated 14.04.2022 registered for the offences punishable u/s 461 and 379 of the Indian Penal Code.

4. As per the prosecution case, unknown miscreants are alleged to have committed theft of gold, silver and Rs. 5,00,000/- in cash by entering the house of the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.49233 of 2023(2) dt.17-08-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has surfaced on the basis of confessional statement of the co-accused Surendra Thakur. The petitioner is accused in five other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the stolen articles were recovered from the from the possession of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Chakmeshi P.S. Case No. 60 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.49233 of 2023(2) dt.17-08-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T