Dharmendra Ram @ Ramashish Ravidas @ Dharmendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70665 of 2023 Arising Out of PS. Case No.-7 Year-2005 Thana- DEV District- Aurangabad ====================================================== DHARMENDRA RAM @ RAMASHISH RAVIDAS @ DHARMENDRA son of Late Munshi Ram Village- Chainpur Ps- Dhibra Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 384 of the Indian Penal Code read with Section 17 of C.L.A. Act.
3. As per FIR, informant being choukidar alleged that on 30.01.2005, while he was going to his village from Deo Police Station, he got information that vehicle of one Rajesh Kumar was looted by unknown extremists after getting down his election workers from the vehicle and they also took away his vehicle.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather on the basis of suspicion he has falsely been implicated
Patna High Court CR. MISC. No.70665 of 2023(3) dt.22-01-2024 2/2 in this present case. Neither any incriminating article has been recovered from the conscious possession of the petitioner nor he has been put on TIP. As per Para-14, it is submitted that the petitioner has two criminal antecedents and he has been acquitted in both cases. It is further submitted that the petitioner suo-motu surrendered before the learned Court below in 2008 and he was remanded in this case from another case on 07.07.2023 and since then he is languishing in judicial custody.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody and the age of the petitioner i.e. 73 years, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Deo P.S. Case No. 07 of 2005 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad.
(Sunil Kumar Panwar, J) Shubham/- U T