Anil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66035 of 2022 Arising Out of PS. Case No.-498 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Anil Ram, Son of Bunilal Ram R/v- Purvi Kargahiya, Ward No. 7, P.S.- Bettiah Mufassil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The petitioner along with another are said to have been caught by the informant while they were committing theft of motorcycle of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the name of the petitioner has transpired in the confessional statement of the Co-accused, namely, Jai Prakash Sah and nothing has been recovered from the conscious possession of the petitioner. The alleged recovery has been made from the co-accused Jai Prakash Sah and the police after investigation submitted charge sheet against the petitioner and

Patna High Court CR. MISC. No.66035 of 2022(2) dt.17-03-2023 2/3 the petitioner is in custody since 01.08.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bettiah Town P.S. Case No. 498 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. 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 step for

Patna High Court CR. MISC. No.66035 of 2022(2) dt.17-03-2023 3/3 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.

kamlesh/- (Rajesh Kumar Verma, J) U T