Ramesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72616 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== RAMESH RAM Son of Raghunath Ram Resident of Village- Pojhiya, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 16.08.2021, charge-sheet has been submitted in the case and has antecedent of four cases. The informant alleges that he along with his son was intercepted by three unknown criminals who looted gold, silver, Rs. 40,000/-, mobile etc from them and on protest, one of the accused fired causing injury on his thigh and fled away. Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of this petitioner

Patna High Court CR. MISC. No.72616 of 2021(2) dt.13-05-2022 2/3 transpired in his own confessional statement in Lalganj P.S. Case No. 145 of 2021 wherein he was made to confess his participation in the present occurrence. Learned counsel submits that the confessional statement in police custody does not have any evidentiary value, further the petitioner despite being in custody was not put on TIP nor any incriminating article was recovered from his possession.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 16.08.2021, charge-sheet has been submitted in the case and his name transpired based on his own confessional statement, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lalganj P.S. Case No. 127 of 2021 with a condition that one of the bailors of the petitioner shall be his father, Raghunath Ram. Further, if the learned court below comes to a conclusion that after release, the petitioner is trying to delay the trial in any manner, the learned court below shall forthwith

Patna High Court CR. MISC. No.72616 of 2021(2) dt.13-05-2022 3/3 cancel his bail bonds after recording reasons. (Satyavrat Verma, J) Rishi/- U T