Allowed

Ramdayal Das v. The State of Bihar

Patna HC15 Apr 2022CR. MISC./64377/2021

Case brief

AI extract

What is this about?

Petitioner in kidnapping/abetment case sought bail claiming false implication due to lack of incriminating material and defective investigation. Bench inclined to grant bail due to clean antecedents and accepted counsel's representations regarding court fee deposit and defect removal, releasing him on bond with conditions.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties.

Ramdayal Das Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64377 of 2021

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Arising Out of PS. Case No.-172 Year-2020 Thana- LADANIA District- Madhubani

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======================================================

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Ramdayal Das, sex- M, age-25 years, Son of Upendra Das Resident of village - Katha, P.S.- Ladaniya, Dist.- Madhubani

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... ... Petitioner

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Versus

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The State of Bihar Bihar

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... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Suraj Deo Singh, Adv. For the Opposite Party : Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 15-04-2022

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The matter has been listed today for consideration through Video Conferencing.

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Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

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

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The petitioner seeks bail in Ladaniya P. S. Case No. 172 of 2020, instituted for the offence punishable under Sections 364/34 of the Indian Penal Code.

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As per the prosecution case, fifteen unknown persons, riding on five motorcycles, forcibly abducted informant’s son.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.64377 of 2021(2) dt.15-04-2022 2/3

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petitioner is innocent and has falsely been implicated in this case. His name has figured during course of investigation in confessional statement of co-accused. Test Identification Parade has not been carried out till date. No incriminating material has been collected against the petitioner during course of the investigation. Charge sheet has already been submitted. Petitioner has got clean antecedent and he is in custody since 20-04-2021. Similarly situated co-accused persons have been granted bail in Cr. Misc. No. 27168 of 2021.

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The learned APP representing the State has opposed the prayer for bail.

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Considering the rival submissions, the period of custody and the fact that he has clean antecedent, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released 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 Judicial Magistrate-1st Class Madhubani, in connection with Ladaniya P. S. Case No. 172 of 2020, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the

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Patna High Court CR. MISC. No.64377 of 2021(2) dt.15-04-2022 3/3

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petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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shyambihari/-

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U T

Ramdayal Das v. The State of Bihar

Case brief

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Ramdayal Das v. The State of Bihar

Case brief

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