Karu Ram @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54382 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Karu Ram @ Uday Kumar Son of Munda Ram @ Satish Ram R/o VillagePatasang, P.S.- RAhui (Bhaganbigha), Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Rahui P.S. Case No. 548 of 2023 dated 13.12.2023, instituted for the offence punishable under Sections 379 of the Indian Penal Code.

3. The allegation against the petitioner is that he purchased stolen articles which were stolen from the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner has been made accused in this case only on the basis of suspicion. It is next submitted that petitioner is a scrap dealer and he has no

Patna High Court CR. MISC. No.54382 of 2024(2) dt.31-08-2024 2/3 connection with the alleged theft. It is further submitted that from the impugned order, it transpired that one iron angle was recovered from the shop of the petitioner. Learned counsel further submits that petitioner had no knowledge about the said article. Lastly, it has been submitted that petitioner has one criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rahui P.S. Case No. 548 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Nalanda at Biharsharif, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.54382 of 2024(2) dt.31-08-2024 3/3

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. 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.

(Khatim Reza, J) Sankalp/- U T