Baliram Kumar @ Bali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70889 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- RAJPUR District- Rohtas ====================================================== Baliram Kumar @ Bali Son Of Shankar Singh Resident Of Village- Meyari, Police Station- Nokha, District- Rohtas ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashikant, Adv.
For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 103 of 2022 lodged under Sections 395 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons in which the informant has alleged that when he was going to his house by his motorcycle then 6 persons have stalked him by two white coloured Apache motorcycles and snatched PAN card, Aadhar card, ATM card, cash as well as his vehicle from the informant. The informant has stated in the F.I.R. that he has identified last two number and the first number of the vehicle from which the snatcher reached there and the initial numbers are BR24 and last numbers are 87.
Patna High Court CR. MISC. No.70889 of 2023(2) dt.07-11-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the seizure list that the vehicle which was alleged to be recovered from the possession of the petitioner is different which has been intimated in the F.I.R.. The motorcycle of the petitioner ends with number 57 whereas the informant has disclosed this motorcycle number which ends by 87. Counsel further submits that vide Annexures -2 and 2/1, he has also annexed the copy of the certificate of registration of the motorcycle.
5. Counsel further submits that neither any incriminating thing has been recovered from the possession of the petitioner nor he was put on T.I.P.. He submits that there is one criminal case pending against the petitioner in which he is on bail. Counsel submits that petitioner is in custody since 23.02.2023.
6. Learned counsel for the State opposes the prayer for bail.
7. 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 Addl. Chief Judicial Magistrate-I, Bikramganj, in connection with S.Tr. No. 87 of
Patna High Court CR. MISC. No.70889 of 2023(2) dt.07-11-2023 3/3 2023 arising out of Rajpur P.S. Case No. 103 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other 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;
(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.) Prakashmani/- U T