Ramgati Kumar @ Larha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1869 of 2023 Arising Out of PS. Case No.-304 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== RAMGATI KUMAR @ LARHA S/O Late Balmiki Singh @ Balmiki Mahto @ Balmiki Sahni @ Balmiki Nishad, Resident of village- Simariyaghat Bind Toli, P.S.- Barauni (Chakiya), District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Barauni (F.C.I.) P.S. Case No. 304 of 2020, registered for offence punishable under Sections 392 and 397 of the Indian Penal Code and Sections 25 (1-B)a, 26 of the Arms Act. The learned counsel for the petitioner has submitted that the case has been lodged against unknown persons. The petitioner was not put on T.I.P. and nothing has been recovered from his possession. He has submitted further that there is no evidence against the petitioner and on similar footing, other accused persons have been granted bail by the coordinate Benches of this Court in Cr. Misc. Nos. 42389, 29088, 29992 of

Patna High Court CR. MISC. No.1869 of 2023(3) dt.19-04-2023 2/3 of 2021 and the case of the petitioner is on exactly similar to the case of co-accused Vikki Mishra @ Baba, who has been granted bail by the coordinate Bench of this Court in Cr. Misc. No.15938 of 2022.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Begusarai in connection with Barauni (F.C.I.) P.S. Case No. 304 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.1869 of 2023(3) dt.19-04-2023 3/3 (iii) The petitioner shall remain present physically before the court below on each and every date fixed at the trial and his failure to appear on two consecutive dates shall lead to cancellation of his bail bond.

(Nawneet Kumar Pandey, J) Mahesh/- U T