Patna High CourtCR. MISC./84377/2023bail granted

Umesh Ram v. The State Of Bihar

2024-01-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84377 of 2023 Arising Out of PS. Case No.-86 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== Umesh Ram Son of Sudhan Ram R/o vill - Parsauni Baij, P.S. - Piprahi, Distt. - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Piprahi P.S. Case No.86 of 2018, giving rise to S.T. No.18 of 2021, lodged on 24.06.2018, under Sections 363/366A/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner was granted bail in this case on merit and thereafter started appearing in the trial. But due to non-appearance on 03.11.2022 his bail bond has been cancelled.

4. Counsel submits that he is ready to appear on each and every date and undertake that in future he shall not commit such mistake. The petitioner is in custody since 07.11.2023 having no criminal antecedent. Counsel also submits that due to

Patna High Court CR. MISC. No.84377 of 2023(2) dt.10-01-2024 2/3 intervention of the well wisher, a petition has been filed wherein it has been contended that both parties are not interested to continue the litigation.

5. Learned counsel for the State opposes the prayer for bail and submits that strong undertaking may be taken so that the petitioner may not evade his appearance during trial.

6. 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 Sessions Judge, Sheohar, in connection with Sessions Trial No.18 of 2021, arising out of Piprahi P.S. Case No.86 of 2018, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure 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;

Patna High Court CR. MISC. No.84377 of 2023(2) dt.10-01-2024 3/3 (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. (vi) The petitioner shall appear before the trial Court on each and every date.

(Dr. Anshuman, J) Mkr./- U T