Ramesh Rai @ Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86087 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== Ramesh Rai @ Ramesh Kumar Yadav Son of Late Daroga Rai Resident of Village - Senduari Gajsingh, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Motipur P.S. Case No. 266 of 2019, registered for the offences punishable under Sections 414, 420, 379, 120(B) and 34 of the Indian Penal Code. Allegation against this petitioner is that he was involved in theft of gas cylinder.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. This petitioner was not apprehended on the spot. Petitioner is physically disabled person and disability is 80%. Moreover, other co-accused persons have been granted bail by a coordinate Bench of this court vide order dated 29.08.2019 passed in Cr. Misc. No. 52725 of 2019 and order dated 30.08.2019 passed in Cr. Misc.

Patna High Court CR. MISC. No.86087 of 2019(3) dt.18-03-2020 2/2 No. 53393 of 2019. Petitioner is in custody since 27.10.2019. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Motipur P.S. Case No. 266 of 2019, subject to the conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T