Krishna Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87954 of 2024 Arising Out of PS. Case No.-518 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Krishna Ram S/O Surith Ram Village- Ram Nagar, West of Police Line, Karma Road, P.S.- Aurangabad, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Aurangabad (Town) P.S. Case No. 518 of 2024 instituted for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita Act.
3. The case of the prosecution is that the informant has withdrawn Rs. 1,50,000/- and has kept that amount in a plastic bag, he rided on the tempo of Krishna Ram. Meanwhile, two unknown persons arrived and told the driver of the tempo to move. It is further alleged that one unknown person came from the left of the informant and sat there forcefully, after that, he
Patna High Court CR. MISC. No.87954 of 2024(2) dt.10-01-2025 2/3 had hot talks with the driver of the tempo and he fled away. When the informant saw his bag, he found that the bag was cut by blade and the cash was not there and when the informant raised alarm, driver also fled away.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the occurrence is of 16.07.2024 whereas case has been lodged on 18.07.2024 whereas Police Station is at a distance of 1.5 km. It is further submitted that the wife of the informant has filed a case and the petitioner was forced to give evidence in that case, as the petitioner was not ready to give false evidence, he has been implicated in this case. From perusal of the FIR, it is clear that the only allegation against the petitioner is that he fled away when the informant raised alarm. There is no allegation against the petitioner that he has taken the cash of the informant. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.
5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
Patna High Court CR. MISC. No.87954 of 2024(2) dt.10-01-2025 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad (Town) P.S. Case No. 518 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T