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Amit Ram vs State Of Bihar

Patna High Court · Decided on 7 January 2020 · Citation: (2020) 01 PAT CK 0017

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 395, 397
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 80544 Of 2019
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Judgment

7 paragraphs · 357 words
1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Siswan PS Case No. 134 of 2019 dated 05.07.2019 instituted under Sections 395/397 of the Indian Penal Code.

3.

The allegation against the petitioner is of taking part in a dacoity.

4.

Learned counsel for the petitioner submitted that he is not named in the FIR and only on the confessional statement of another person, he has been made an accused. It was further submitted that the police has remanded him on 26.08.2019 in the present case while he was already in custody in Siswan PS Case No. 149 of 2019. It was submitted that the so called confession before the police is only for the reason that the petitioner was already in their custody. Learned counsel submitted that similarly situated co-accused Tej Pratap Gond @Tej Pratap Gorh has been granted bail on 09.12.2019 in Cr. Misc. No. 79937 of 2019.

5.

Learned APP submitted that the co-accused has clearly stated about the petitioner being party to the crime.

6.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Siwan in Siswan PS Case No. 134 of 2019. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

7.

The application stands disposed off in the aforementioned terms.