Mahanth Ram Ratan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56096 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== MAHANTH RAM RATAN DAS S/o Guru Late Ram Kishor Das R/o VillageRampur Khajuriya Tola Rampurwa, P.S.- Dumariyaghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 13.04.2019 in connection with Dumariyaghat P.S. Case No. 71 of 2019 registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 25 (1-b)a, 26/35 of the Arms Act.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and mischievous and he has been merely taken into custody on suspicion as it is alleged that he was seen running away from the place of occurrence. Learned counsel for the petitioner submits that there has been no recovery from his possession and the person from whom the arms is said to have been recovered has

Patna High Court CR. MISC. No.56096 of 2019(3) dt.21-10-2019 2/3 already been granted bail vide order dated 01.10.2019 passed in Cr. Misc. No. 55058 of 2019. So far as the criminal antecedents of the present petitioner is concerned, he has been acquitted in two of the cases and in another cases, he has been granted police bail and in still another case, he has been allowed the privilege of bail by this Court.

Learned counsel for the petitioner submits that only because he is a respectable person of the area, he has been named in several cases to tarnish his image and to denigrate him in the high esteem of the society.

Considering the aforementioned facts and circumstances of the case and there was no recovery from the present petitioner, let the petitioner above named 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 learned 1st Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Dumariyaghat P.S. Case No. 71 of 2019, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife /deponent.

(2) The petitioner shall not indulge himself in any

Patna High Court CR. MISC. No.56096 of 2019(3) dt.21-10-2019 3/3 similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T