Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64507 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ramesh Kumar Son of Late Anandi Mandal R/o vill - Dakra Satkhajuriya, P.s. - Naya Ramnagar, Distt. - Munger ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 163 of 2023 registered for the offence punishable under Section 394 of the Indian Penal Code. Later on offences under Sections 395/412 of the Indian Penal Code and under Sections 25(1-b)A/26/35 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against four unknown accused persons alleged to have looted Rs.4,50,000/- from the informant.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR; rather his name has come in the confessional statement of co-accused during investigation. It has been alleged that during investigation the recovery of
Patna High Court CR. MISC. No.64507 of 2023(2) dt.11-10-2023 2/3 Rs.2,50,000/- and one mobile phone have been made from the possession of the petitioner but no Test Identification Parade of the petitioner or articles seized from the petitioner has been made. Learned counsel for the petitioner submits that antecedent of the petitioner is clean. Counsel submits that the petitioner is in custody since 03.03.2023.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No.163/2023, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.64507 of 2023(2) dt.11-10-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T