Ramesh Sao @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5532 of 2018 Arising Out of PS.Case No. -598 Year- 2017 Thana -KANKARBAGH District- PATNA ====================================================== RAMESH SAO @ RAMESH KUMAR, son of Sitaram Sao, Resident of Village- Gaurichak Hander @ Hander Mushari, P.S.- Gaurichak, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 12.08.2017 in connection with Kankarbagh P.S. Case No. 598 of 2017 for the offence registered under Sections 414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the vehicle in question was recovered from the side of the road and the petitioner was implicated in connection with the said case only because he was walking on the road nearby. It is further submitted that there is no recovery from the conscious possession of the petitioner. Save and except his confessional statement made before the police, there is no other material against the petitioner. It is further submitted that no case for theft of vehicle has been registered till date and the petitioner has already been in custody for more than five months.

Considering the aforesaid facts and circumstances of the case and the period of custody, 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 Judicial Magistrate, 1st Class, Patna in connection with Kankarbagh P.S. Case No. 598 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to

move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U