Raju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69960 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Raju Ram son of Mohan Ram Village- Shreya ward No. 2, Ps- Gopalganj Town, Dist- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-10-2024 Heard the parties.

2. The petitioner is in custody in connection with Gopalganj P.S. Case No. 162 of 2024 for the offence punishable under Section 379 of the Indian Penal Code lodged on 28.02.2024 by the informant, Sukhnandan Prasad Yadav.

3. As per the prosecution story, the informant alleged that the motorcycle registered in his brother's name was stolen by unknown accused persons near a cloth shop where he had gone to purchase clothes. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that only because of his criminal antecedent he has been taken into custody and is custody since 03.04.2024 (paragraph-18 of the petition). Further, the categorical undertaking is that he will be

Patna High Court CR. MISC. No.69960 of 2024(2) dt.05-10-2024 2/3 cooperating in the conclusion of the trial and if any further case if lodged against him, the State shall take appropriate steps for cancellation of his bail bond.

5. Learned APP opposes the prayer for bail submitting that he has criminal antecedent.

6. Though the petitioner has criminal antecedent, has remained in custody since 03.04.2024, is only twenty three years of age and has undertaken to diligently appear in trial, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Gopalganj, in connection with Gopalganj P.S. Case No. 162 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her 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 bond by the Trial Court itself;

Patna High Court CR. MISC. No.69960 of 2024(2) dt.05-10-2024 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(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 his bail bonds. (Rajiv Roy, J) Adnan/- U T