Suraj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75407 of 2022 Arising Out of PS. Case No.-315 Year-2022 Thana- JAMUI District- Jamui ====================================================== SURAJ RAM SON OF BABAN RAM @ PRAVEEN RAM @ PRAVEEN KUMAR R/O VILLAGE- SATGAMA, P.S. AND DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 393, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The case relates to commission of loot of Rs. 150000/- from the informant after inflicting him gun shot injury. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but merely on the basis of confessional statement of the co-accused, Priyanshu Kumar, he has been made accused in this case. In fact, nothing has been recovered from the conscious possession of the petitioner. He further submits that

Patna High Court CR. MISC. No.75407 of 2022(4) dt.19-06-2023 2/3 except the confession of the co-accused, no cogent material has surfaced to suggest the involvement of the petitioner in the alleged occurrence. He further submits that the petitioner was remanded in this case from another case bearing Jamui P.S. Case No. 318 of 2022 and till date no T.I.P. has been conducted by the prosecution. Moreover, the co-accused, namely, Manish Kumar Singh @ Manish Kumar, has already been granted bail by a coordinate Bench of this Court vide order dated 01.05.2023 passed in Cr. Misc. No. 764 of 2023. The petitioner is rotting in judicial custody since 08.08.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one even though he is stated to be on bail in all cases.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 315 of 2022 with 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/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.75407 of 2022(4) dt.19-06-2023 3/3 reason, his/her bail bond shall be canceled 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.

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 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.

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