Dharmendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35173 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Dharmendra Ram Son of Late Umesh Ram, R/o Village- Kerma, P.S.- Kurhani (Kudhani), District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Manoj Kumar Manoj For the Opposite Party/s : Mr.A.Lal Pandit,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 Heard the parties.
The petitioner seeks regular bail in Kurhani(Kudhani) P.S.Case No.90 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the F.I.R. under Section 392 of the I.P.C. and the allegation is of snatching of motorcycle, mobile phone and cash Rs.9,000/-.
Submission of the learned counsel for the petitioner is that the petitioner has been made accused on the basis of confessional statement of co-accused. Petitioner has not been put on test identification parade. From the impugned order it appears that the petitioner has some criminal antecedent. Further
Patna High Court Cr.Misc. No.35173 of 2017 (2) dt.04-08-2017 2/3 submission is that other similarly situated co-accused Sateyndra Rai @ Bhulan Rai and Kundan Kumar have been granted bail vide order dated 01.12.2016 passed in Cr.Misc.No.51288 of 2016 and order dated 28.11.2016 passed in 42956 of 2016 respectively. The petitioner is in custody since 09.09.2016.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances and considering that other co-accused have already been enlarged on bail, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, J.M. 1st Class, Muzaffarpur, in Kurhani ( Kudhani) P.S.Case No.90 of 2016 subject to the conditions that (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail
Patna High Court Cr.Misc. No.35173 of 2017 (2) dt.04-08-2017 3/3 bond shall be cancelled.
(Vinod Kumar Sinha, J) AnilKrSinha/- U T