Patna High CourtCR. MISC./52462/2023bail granted

Ajad Ram v. The State Of Bihar

2023-08-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52462 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== AJAD RAM SON OF VAKIL RAM VILLAGE KARMAHARI , P.S. KUDHANI , DISTRICT KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Kudra P.S. Case No. 107 of 2023 for the offence punishable under Sections 392/411 of the Indian Penal Code lodged on 23.3.2023 by the informant, Vinod Kumar Chourasiya.

As per the prosecution story, the truck driver after parking the truck went to attend nature's call. It is alleged that the accused persons on the point of pistol snatched Rs. 15,000/- and a mobile phone as also entered the cabin. Meanwhile, as the police arrived, they tried to escape but one of them was arrested. It was Mohit Kumar and from his possession a mobile phone was recovered and later, the name of this petitioner came in the confessional statement.

Patna High Court CR. MISC. No.52462 of 2023(2) dt.19-08-2023 2/3 As per the petition, his name has come in the confessional statement, is in custody since 20.4.2023 (para-13 of the petition) but no TI Parade douducted.

Learned APP opposes the prayer.

Considering the fact that the name of the petitioner has come in the confessional statement, no TIP conducted till date, is in custody since 20.4.2023, this Court is inclined to extend him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Mohania, Kaimur at Bhabua, in connection with Kudra P.S. Case No. 107 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.52462 of 2023(2) dt.19-08-2023 3/3 police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T