Ramjee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52513 of 2018 Arising Out of PS.Case No. -179 Year- 2017 Thana -GAIGHAT District- MUZAFFARPUR ====================================================== Ramjee Kumar S/o Late Chandra Mohan Singh resident of village + P.S. - Gaighat, District - Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Shekhar Anand For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Gayghat P.S. Case No. 179/2017 registered for the offence punishable under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case because of local rivalry. He was not arrested on the spot and nothing incriminating has been recovered from his possession or house to connect him in this case. It is further submitted that the petitioner is an accused in one case which he has stated in para-3 of the application and from where he has been remanded in this case on 21.02.2018. On the other hand, learned Additional Public

Patna High Court Cr.Misc. No.52513 of 2018 (2) dt.28-09-2018 Prosecutor for the State submits that the motorcycle in question was recovered however the person who was noticed with the same had escaped.

Having heard learned counsel for the parties, taking not of the submission that the vehicle in question has not been recovered from the conscious possession of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. cum Sub-Judge - 16th, Muzaffarpur, in connection with Gayghat P.S. Case No. 179/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure, and further condition that one of the bailors would be a family member of the petitioner having no criminal antecedent. (Rajeev Ranjan Prasad, J) Rajeev/- U T