Ramadhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.342 of 2022 Arising Out of PS. Case No.-35 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== RAMADHAR KUMAR, S/O HARENDRA RAI @ HARINDRA RAY, R/o village- Laxmi Narayanpur, P.S.- Tisiauta, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Dr. Kumar Uday Pratap, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Tisiauta P.S. Case No. 35 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code. He is in custody since 12.08.2021. The petitioner has got three criminal antecedents.
Learned counsel for the petitioner submits that as per the prosecution story, while the informant with his wife on way to his home on motorcycle, three miscreants intercepted them and snatched his motorcycle and two mobiles.
Patna High Court CR. MISC. No.342 of 2022(2) dt.19-05-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the F.I.R. has been lodged against unknown and the petitioner has been remanded in this case from Mahua P.S. Case No. 310 of 2021. There is no recovery of any incriminating article from possession of the petitioner and he has not been put on T.I.P. even though the petitioner is in custody since 12.08.2021.
Mr. Dr. Kumar Uday Pratap, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the submission that the F.I.R. has been lodged against unknown and the petitioner has been remanded in this case from Mahua P.S. Case No. 310 of 2021, there is no recovery of any incriminating article from possession of the petitioner and he has not been put on T.I.P. even though the petitioner is in custody since 12.08.2021, investigation against him is complete and his presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Smt. Priti Roy,
Patna High Court CR. MISC. No.342 of 2022(2) dt.19-05-2022 3/3 learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 35 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.