Patna High Court - Orders
Gopal Ram vs The State Of Bihar on 16 January, 2018
Author: Vikash Jain
Bench: Vikash Jain
Patna High Court Cr.M isc. No.2177 of 2018 (2) dt.16-01-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2177 of 2018
Arising Out of PS.Case No. -106 Year- 2017 Thana -VALMIKINAGAR District-
WESTCHAMPARAN(BETTIAH)
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Gopal Ram, S/o Nagendra Ram, R/o Village- 3 R.D. Lawkush Ghat, P.S.-
Valmiki Nagar, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv
For the Opposite Party/s : APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 16-01-2018Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 24.10.2017 in connection with Valmikinagar P.S. Case No. 106 of 2017 for the alleged offences under Sections 341, 342, 323, 354, 504/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated and the prosecution story to the effect that the petitioner came in drunken condition stands belied from the very fact that the FIR has not been registered under the Bihar Excise and Prohibition Act. The accusations are highly improbable as admittedly the informant's two sons, who are nearby. A statement is made at the bar on behalf of the petitioner that charge sheet has already been submitted and there is no chance of tampering with the evidence. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten Patna High Court Cr.M isc. No.2177 of 2018 (2) dt.16-01-2018 thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. Ist, Bagaha, West Champaran, in connection with Valmikinagar P.S. Case No. 106 of 2017 on the following conditions:-
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran/BT U T