Patna High CourtCR. MISC./55775/2024bail granted

Anup Ram @ Anup Kumar v. The State Of Bihar

2024-08-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55775 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- DINARA District- Rohtas ====================================================== ANUP RAM @ ANUP KUMAR S/O LATE KAMAL KISHORE RAKESH @ KAMAL KISHOR RAKESH Resident of village- Sisradh, P.S- Rajpur, District- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dinara P.S. Case No. 393 of 2023 dated 12.08.2023 registered for the offence punishable under Section 392 of the I.P.C.

3. As per the prosecution case, on 12.08.2023 at about 9.30 A.M., the informant left for Varanasi in his pick-up after delivery of Kurkure from Naubatpur, Patna and as soon as he reached at 'Sarna Bridge' under Dinara Police Station at around 12.00 P.M., four miscreants riding on two motorcycles came and put their motorcycles in front of his pick-up and on the gun point, two persons took Rs. 53,500/- from his vehicle. It is further alleged that out of four miscreants, two miscreants had

Patna High Court CR. MISC. No.55775 of 2024(2) dt.29-08-2024 2/3 covered their faces. The informant can identify after looking them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Manish Verma which has no evidentiary value in the eye of law. No incriminating article has been recovered from possession of the petitioner. The petitioner has not been put on T.I. Parade. The co-accused person has already been granted regular bail by this court vide order dated 09.05.2024 passed in Cr. Misc. No. 33543 of 2024. The petitioner has nine criminal antecedents, out of which, the petitioner is on bail in one case as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II,

Patna High Court CR. MISC. No.55775 of 2024(2) dt.29-08-2024 3/3 Bikramganj, Rohtas in connection with Dinara P.S. Case No. 393 of 2023 with further condition:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T