Anirudh Ram @ Chhotu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1113 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Anirudh Ram @ Chhotu Ram S/o Nand Ram @ Nand Lal Kumar R/o villageNaya Bhojpur, P.S-Dumraon, District-Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Dhansoi P.S. Case No. 114 of 2023 lodged under Section 392 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom there is allegation of robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that name of the petitioner has come by virtue of confessional statement of co-accused, namely, Madhu Sudhan Kumar and Bharat Pandey. However, Bharat Pandey has been granted bail by the Co-ordinate Bench of this Court vide order dated
Patna High Court CR. MISC. No.1113 of 2024(2) dt.18-01-2024 2/3 01.12.2023 passed in Cr. Misc. No. 76489 of 2023.
5. Counsel submits that the name of the petitioner has been figured in this case only due to the reason that his antecedent is not clean and there are five criminal cases pending against him in which he is on bail in one case and in rest cases, he is persuading for bail. He further submits that petitioner is in custody since 19.09.2023.
6. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and there are five criminal cases pending against the petitioner.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No. 114 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. 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;
Patna High Court CR. MISC. No.1113 of 2024(2) dt.18-01-2024 3/3 (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;
(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. (Dr. Anshuman, J.) Prakashmani/- U T