Rajababu Kumar Ram @ Nanhaki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49256 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Rajababu Kumar Ram @ Nanhaki Son of Sri Parmeshwar Ram Resident of village - Matkota, P.s. - Jogapatti, Distt. - West Champara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 07.03.2023 in connection with Jogapatti P.S. F.I.R No. 93 of 2023, F.I.R. dated 07.03.2023 for the offences punishable under Sections 413, 414, 399 and 402 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.
3. Recovery is of one loaded country made pistol with one live cartridge, 2 cartridge and one mobile phone.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R as well as seizure list that one loaded country made pistol with one live cartridge, 2 cartridge and one mobile phone have been
Patna High Court CR. MISC. No.49256 of 2023(3) dt.12-09-2023 2/3 recovered from the conscious possession of the petitioner. He further submits that there is non-compliance of Section 100 of Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 07.03.2023.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the said case.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Jogapatti P.S. F.I.R No. 93 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.49256 of 2023(3) dt.12-09-2023 3/3 reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T