Ram Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60279 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAM SUDHIR KUMAR Son of Batoran Mahto Resident of VillageKharijahanpur, P.S.- Chderiya Bariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hare Krishna Prasad, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 28 of 2021 instituted for the offences under Sections 392, 397 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.01.2021, charge-sheet has been submitted in the case and has antecedent of four cases. The informant alleges that four unknown criminals intercepted him and looted his motorcycle, mobile and Rs. 750/- and the informant was able to note the number of one of the motorcycles on which the criminals came.

Learned counsel for the petitioner submits that the F.I.R. was instituted against unknown and the petitioner came to

Patna High Court CR. MISC. No.60279 of 2021(2) dt.21-03-2022 2/2 be arrested based on the recovery of the motorcycle used in the offence. Learned counsel submits that no doubt the motorcycle belongs to the petitioner but whether the petitioner was present with the accused persons at the place of occurrence or not has not been ascertained nor the petitioner has been put on T.I.P. It is submitted that on the date of occurrence, the motorcycle of the petitioner was used by his friend who has also been arrested. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that petitioner has got antecedent of four cases and once he is released on bail then it would be difficult for the charges to be framed.

Considering the fact that the petitioner is in custody and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 28 of 2021 with a condition that one of the bailors shall be the father of the petitioner Batoran Mahto and the petitioner shall be released after framing of charges.

(Satyavrat Verma, J) Rishi/- U T