Patna High CourtCR. MISC./74490/2024bail granted

Neeraj Ram v. The State Of Bihar

2024-10-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74490 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Neeraj Ram Son of Sanjay Ram @ Sanjan Kumar Ram R/O Vill.- Siswabarhi, P.S.- Phulparas, Dist.- Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pintu Kumar Patel, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-10-2024 Heard Mr. Pintu Kumar Patel, learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Khutauna P.S. Case No. 39 of 2024 for the offence punishable under sections 379 of the Indian Penal Code lodged on 16.03.2024 by the informant, Vivek Kumar.

3. As per the prosecution story, the allegation is that the informant stopped his motorcycle to attend the call of nature while the two accused persons came out of a car and took away the motorcycle. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that only because of his criminal antecedent, implicated. Though he is in custody since custody since 27.07.2024 (para 11 of the petition), there is no recovery of motorcycle from his possession. The last

Patna High Court CR. MISC. No.74490 of 2024(2) dt.23-10-2024 2/3 submission is that given a chance, he will be diligently appearing in trial.

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

6. Taking into account the submissions put forward by the parties as also the fact that nothing has been recovered from his conscious possession and he is in custody since 27.07.2024, 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 Judicial Magistrate 1st Class, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 39 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.74490 of 2024(2) dt.23-10-2024 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) Vijay Singh/- U T