Surendra Ram @ Surendra @ Moti Ram @ Godan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43253 of 2016 Arising Out of PS.Case No. -43 Year- 2014 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================
1. Surendra Ram @ Surendra @ Moti Ram @ Godan Ram son of Late Ram Sewak Ram resident of village - Lochha, Police Station - Gaya Ghat, District - Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. It has been alleged that 12 to 15 unknown miscreants have entered into the room and started searching A.K.47 and they have looted Rs.1,95,000/- in cash as well as other articles from the house.
Learned counsel for the petitioner submits that First Information Report has been lodged against unknown and petitioner is in jail since 2.9.2014. He has further submitted that he was in jail and remanded in the present case. Petitioner is a history sheeter of similar type of cases. Other three coaccused, namely, Md. Abdul @ Md. Abdullah, Md. Manzoor Alam @ Manjooria @ Manzoor Alam and Md. Jalauddin
Patna High Court Cr.Misc. No.43253 of 2016 (2) dt.06-10-2016 Mian have been granted bail by this Court.
As aforesaid three co-accused have been granted bail and petitioner was in jail and remanded in the present case, let petitioner, Surendra Ram @ Surendra @ Moti Ram @ Godan Ram, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 10th Additional Sessions Judge, Muzaffarpur in connection with Siwaipatti P.S. Case No.
43 of 2014, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner, father, mother, wife or son (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (ii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.