Allowed

Raju Ram @ Raju Kumar v. the State of Bihar

Patna HC5 Mar 2024CR. MISC./70826/2023

Case brief

AI extract

What is this about?

In this bail application, the Patna High Court directed the petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties after considering allegations of false implication and the petitioner's undertaking to cooperate in the trial.

What did the court decide?

Petitioner directed to be enlarged on bail by furnishing bond of Rs. 10,000 with two sureties on specific conditions.

Raju Ram @ Raju Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70826 of 2023

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Arising Out of PS. Case No.-371 Year-2021 Thana- BEUR District- Patna

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

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Raju Ram @ Raju Kumar S/O Late Bijali Ram R/V-Noorsarai Bazar Near At Ara Mill, P.S.-noorsarai, Distt.-nalanda At Present Arya Nagar Chowk, Gali No. 203, P. Block Colony, Behind L.G. Showroom, P.S.-syani Chungi Chauki, Distt.-gaziabad (u.p.).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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4 05-03-2024

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

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The petitioner has preferred this application for grant of regular bail in connection with Special Case no. 111 of 2021 arising out of Beur P.S. Case no. 371 of 2021 registered under sections 411 and 34 of the Indian Penal Code, sections 25(1-B)a, 26 and 35 of the Arms Act and sections 8, 20(b)(ii)(B) of the NDPS Act.

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As per the prosecution case, on seeing the police personnel while one of the accused persons managed to escape, it is stated that the petitioner was caught and from his possession a loaded country made pistol with two live cartridges and 2.75 kgs. of ganja was recovered from the motor cycle

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Patna High Court CR. MISC. No.70826 of 2023(4) dt.05-03-2024 2/3

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being driven by him.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents. Neither any such occurrence has taken place nor any recovery been made from the petitioner. He is in custody since 22.8.2021 and the trial has already commenced. He undertakes to cooperate in the trial and to abide by the conditions which may be laid by the Court for his release on bail.

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The application for bail is opposed by learned APP for the State.

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Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R and the petitioner having remained in custody for 2 years 6 months since 22.8.2021, the petitioner is directed to be enlarged on bail in connection with Special Case no. 111 of 2021 arising out of Beur P.S. Case no. 371 of 2021, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IV, Patna on the following conditions :-

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(1) One of the bailors of the petitioner shall be a close relative of the petitioner.

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Patna High Court CR. MISC. No.70826 of 2023(4) dt.05-03-2024 3/3

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(2) The other bailor of the petitioner shall be resident of a place within the jurisdiction of the learned trial Court.

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(3) The petitioner shall remain physically present in court on each date of the trial and shall cooperate in the trail.

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(4) In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into the custody till conclusion of the trial.

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(Partha Sarthy, J)

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Harsh/-

Raju Ram @ Raju Kumar v. the State of Bihar

Case brief

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Raju Ram @ Raju Kumar v. the State of Bihar

Case brief

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