Binod Ram @ Binod Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71194 of 2024 Arising Out of PS. Case No.-345 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Binod Ram @ Binod Kumar Ram Son of Mushharu Ram @ Masharu Ram R/o -Village- Chaturbhuj Piprahi, P.S - Laukaha, District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2024 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Ajit Kumar, learned A.P.P. for the State.

2. The petitioner in the present case is seeking regular bail in connection with Laukaha P.S. Case No.345/2020 registered for the offences punishable under Sections 392/411 of the Indian Penal Code. He is in custody since 23.03.2024. The petitioner has got one criminal antecedent.

3. As per the prosecution story, on 11.12.2020 when the informant along with his co-villager, namely, Md. Anwar was going to garage, three persons intercepted them and assaulted them. They asked the informant to give the key of the motorcycle which the informant denied whereafter they placed gun on his temporal region, snatched the key of the bike and mobile phone of the co-villager. The informant has identified the three persons as Durgesh Kumar, Vibhesh Kumar Gurmauita

Patna High Court CR. MISC. No.71194 of 2024(2) dt.27-09-2024 2/3 and Binod Ram(this petitioner).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner and the informant are local persons and the reason for the occurrence is said to be business rivalry. It is further submitted that the investigation against him is complete and is in custody in connection with this case since 23.03.2024.

5. Mr. Ajit Kumar, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

6. Having regard to the submission that the petitioner has surrendered in this case and he is in custody since 23.03.2024, investigation against him is complete and he having a criminal antecedent in which he is on bail in the said case 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 learned Additional Chief Judicial Magistrate, Jhanjhanpur (Madhubani) in connection with Laukaha P.S. Case No.345 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.71194 of 2024(2) dt.27-09-2024 3/3

7. 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.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) durgesh/- U T