Daya Shankar Ram @ Dhuran Ram @ Dhuran v. The State Of Bihar

Patna High Court Cr.Misc. No.26807 of 2016 (3) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26807 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -RAJPUR District- BUXAR ====================================================== Daya Shankar Ram @ Dhuran Ram @ Dhuran, Son of Kanhaiya Ram, Resident of village- Rajapur, Police Station- Rajpur, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 2.2.2016 in connection with Rajpur P.S. Case No. 53 of 2015 registered for offences under Sections 392 and 411 of the Indian Penal Code. The prosecution story, in brief, is that on 07.04.2015 at about 4 a.m the informant had gone to village Khiri to look at his elder sister's father-in-law and after 15 minutes when he was returning to his village with his Hero Honda Plus Motorcycle bearing Registration No. BR 44B 1331 and when he reached near the canal bridge of village Mangraon, the three miscreants stopped his motorcycle on the point of country made pistol and snatched his motorcycle, Samsung mobile and cash of about Rs. 2600/- from his pocket and after that they fled away with his motorcycle. It is also submitted that all the miscreants covered their faces with scarf and were aged about 25 to 26 years and height were 5*1/2

Patna High Court Cr.Misc. No.26807 of 2016 (3) dt.29-08-2016 feet.

On behalf of the petitioner, it is submitted that the petitioner is in custody since 2.2.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses alleged against the petitioner. Petitioner is neither named in the FIR nor has been put on Test Identification Parade to ascertain his implication in the present case. There is no recovery of any looted articles from the possession of the petitioner. The looted motorcycle is said to have been recovered by the side of the house of late Santosh Ram.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned Additional Chief Judicial Magistrate VII, Buxar in connection with Rajpur P.S. Case No. 53 of 2015.

(Sudhir Singh, J) Prakash/- U T