Patna High Court - Orders
Mithu Ram vs The State Of Bihar on 30 March, 2018
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11222 of 2018
Arising Out of PS.Case No. -151 Year- 2014 Thana -CHAKIA District-
EASTCHAM PARAN(MOTIHARI)
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1. Mithu Ram Son of Khairy Ram Resident of Village- Mahamada, P.S.
Patahi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu
For the Opposite Party/s : Mr. Pramod Kumar Pandey
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
3 30-03-2018Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 22.10.2017 in connection with Chakia P.S. Case No. 151 of 2014 for offences punishable under Sections 121, 121(a), 124(a), 427, 120-B, 307 of the Indian Penal Code, Section 27 of the Arms Act, ¾ of the Explosive Substance Act, ¾ of the Prevention of Damage to Public Properties Act, Sections 16/17 of the Unlawful Activities Prevention Act, Section 17 of the Criminal Law Amendment Act and Sections 150, 151, 152 of the Railway Act.
The prosecution case, as lodged by the police personnel, is that during course of inspection of derailed train, he came to know that some Maovadis had called a 'band' on that day Patna High Court Cr.M isc. No.11222 of 2018 (3) dt.30-03-2018 2/3 and destructed and derailed the train causing huge loss to the public property. As many as 52 persons have been named in the First Information Report including the petitioner.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that there is no eye-witness to the alleged occurrence and all the persons including the petitioner have been named as Maovadis who had put explosives on the railway track in order to derail and destruct the train. He further submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and one of the co-accused named in the First Information Report has already been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 7434 of 2018 vide order dated 08.02.2018.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as seven cases are pending against him for similar offence.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with Patna High Court Cr.M isc. No.11222 of 2018 (3) dt.30-03-2018 3/3 two sureties of the like amount each to the satisfaction of learned 13th Addl. Chief Judicial Magistrate, East Champaran at Motihari, in connection with Chakiya P.S. Case No. 151 of 2014, subject to the following conditions :
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/-
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