Laxmi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75887 of 2018 Arising Out of PS. Case No.-608 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== Laxmi Ram, son of Late Bechan Ram resident of village Basgara Ranapur Police Station Forbesganj District Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam, Advocate For the Opposite Party/s :

Mr. Mustaque Alam, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is an accused in a case registered for offence under sections 420 and 200 of the Indian Penal Code. It is submitted on behalf of the petitioner that from perusal of the allegation made in the First Information Report it is evident that no case under section 420 of the Indian Penal Code is made out. He submits that upon realization of mistake, in the statement recorded in S T No. 53/2014 petitioner has truthfully admitted the same, which has been made the basis of petitioner's implication in this case. Prior to the instant case, there is no criminal antecedent of the petitioner and on the basis of mistake committed as is evident from submission in S T No. 53 of 2014 he has been implicated in this case. Petitioner is in

Patna High Court Cr.Misc. No.75887 of 2018(2) dt.17-12-2018 2/2 custody since 6.9.2018.

Considering the aforesaid submissions and the facts and circumstances of the case, prayer for bail to the petitioner is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Forbesganj Police Station Case No. 608 of 2018 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he/she is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled. (Madhuresh Prasad, J) shashi/- U T