Dharamnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48717 of 2022 Arising Out of PS. Case No.-263 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== Dharamnath Ram Son Of Kalicharan Ram R/O Village- Pakad Gaow, P.S.- Bagaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 406 and 420 read with 34 of the Indian Penal Code.

As per the prosecution case, the informant was returning back from Kathumandu after working. When he reached Raxual, he saw a pack of bundle of notes lying near the gate of Sabji Bazar. The petitioner came and picked it up and another person came and said that he saw a person dropping this bundle. Thereafter, they agreed that there shall be equal distribution of money if all three including the informant gave all their personal money too for equal distribution. The informant gave his cash Rs. 50,000/- to the second person, who

Patna High Court CR. MISC. No.48717 of 2022(2) dt.09-12-2022 2/2 ran away immediately with the cash. The petitioner also tried to run away, however, the informant caught hold of the petitioner with the support of nearby persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 03.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 263 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T