Dinesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31000 of 2018 Arising Out of PS.Case No. -59 Year- 2015 Thana -GWALPARA District- MADHEPURA ====================================================== Dinesh Ram Son of Nunulal Ram @ Nand Kishore Ram Resident of village-Mahinath Nagar, P.S.- Beldaur, District- Khagaria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Gwalpara (Arar) P.S. Case No.59 of 2015 registered for the offences punishable under Sections 353, 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is not named in the F.I.R. and it appears that his name transpired during course of investigation. It has been submitted that neither the petitioner is named in the F.I.R. nor any incriminating article has been recovered from his possession. Except confessional statement of co-accused, there is nothing against him and till the date he has not been put on T.I. Parade. The other co-accused namely
Patna High Court Cr.Misc. No.31000 of 2018 (3) dt.06-07-2018 Kishundeo Ram, Hira Yadav and Mukesh Ram have been allowed bail by different benches of this court in Cr.Misc.No.30682 of 2017, Cr.Misc.No.62825 of 2017 and Cr.Misc.No.5449 of 2018. The case of this petitioner stands on similar footing. He is in custody since 05.03.2018 and so he deserves to be enlarged on bail.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Uda-kishunganj, District - Madhepura in connection with Gwalpara (Arar) P.S. Case No.59 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of
Patna High Court Cr.Misc. No.31000 of 2018 (3) dt.06-07-2018 failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U