Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.10863 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== MUNNA RAM S/O- RAMKRIT PRASAD @ RAMVRIKSH RAM R/O VILLAGE-MANICHAK, P.S. DEEPNAGAR, DISTRICT-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-06-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Deepnagar P.S. Case No.358/2020 registered for the offences punishable under Sections 461, 379 and 411 of the Indian Penal Code.

The prosecution case in brief is that one Dharmendra Kumar Singh who is carrying the business of courier namely Daily Bery Pvt. Ltd. posted as team leader submitted a written report to the SHO of Deepnagar police station alleging therein that in the night of 18.10.2020 the house owner Deepak Kumar informed him about the noise of 'Khat-Khat' in the office. It is alleged that then he informed this fact to Deepnagar police station and other staff members of his office and reached near the office and at the same time Deepnagar

Patna High Court CR. MISC. No.10863 of 2021(2) dt.14-06-2021 2/3 police also reached there. It is further alleged that when he reached near the office three persons tried to flee away from the office but on chase they were apprehended and from their possession one Chenni and Hammer and two cartoons were recovered.

Learned counsel submits that the petitioner is innocent and he has been falsely implicated in the present case. Learned counsel submits that no incriminating article has been recovered from the possession of the petitioner and his name has been brought in this case merely on suspicion. It is submitted that the petitioner has remained in jail in connection with this case for about eight months. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case in the nature of the allegations and that the petitioner has remained in jail in connection with the present case for about eight months and the investigation against him is complete, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No.358/2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:

(a) That such person shall attend in accordance with the conditions of the bond executed under this Chapter,

Patna High Court CR. MISC. No.10863 of 2021(2) dt.14-06-2021 3/3 (b) That such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.