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Bail Application for Sanjit Ram, Bihar

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0% found this document useful (0 votes)
42 views9 pages

Bail Application for Sanjit Ram, Bihar

Uploaded by

ajit kumar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

1

(Petitioner is in custody)
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CRIMINAL MISCELLANEOUS JURISDICTION)
Cri. Misc. No. _________/2025 (R. Bail)
(This is 1st Bail Application of the Petitioner)

In the matter of an application


under Section 483 and 484 of
BNSS, 2023.
AND

In the matter of:


Sanjit Ram @ Sanjeet Ram, Male, Aged About 20 Years, Son of Sri
Ram Sogarath Ram @ Sogarath Ram, Resident of Village – Kamrauli,
P. S. – Piprahi, District – Seohar (Bihar).
--------------------------Petitioner.
Versus

The State of Bihar. -------------------- Opposite Party.

To,
The Hon’ble Mr. Justice Ashutosh Kumar, the Hon’ble Acting

Chief Justice of the High Court of Judicature at Patna and his

companion justices of the said Hon’ble Court.

The humble Bail application

filed on behalf of the Petitioner

above named.
2

MOST RESPECTFULLY SHOWETH:

1. That this is an application for grant of Bail to the petitioner in

connection with Piprahi P. S. Case No. - 27/2025, dated – 16.02.2025

registered under sections 308 (4), 308 (5) of BNS, 2023 and the same is

pending before the Learned Chief Judicial Magistrate, Sheohar.

2. That no application for grant of Anticipatory Bail or Regular Bail of the

Petitioner was earlier filed before this Hon’ble Court in the present case

and no Bail application is pending either before the Hon’ble Supreme

court or the court below or any other court in this matter.

3. That the petitioner has got no criminal antecedent.

4. That the petitioner is in custody since 16.02.2025 without any reason.

5. That the prosecution case in brief is that the informant is the owner of a

cloth shop situated at his door. On 01.02.2025 at 06.00 A.M. in the

morning at the time of opening of the shop he received a paper slip

written by some unknown person making demand of extortion of Rs.

5,00,000/- (Rupees Five Lakh) from him. It is alleged that in the said

extortion letter informant was directed to come on to the road adjacent

to the bridge nearby Kamrauli Poultry Farm on 02.02.2025 at 12.00

P.M. in the afternoon. It has been stated that when he did not go to the

said place then he received a call on 12.02.2025 at 11.29 A.M. from the
3

mobile number- 9801190807, wherein the caller threatened him with

elimination in case of his failure to pay extortion. The call again

followed on 12.02.2023 at 08.00 P.M. in the evening and the informant

was again threatened to make payment of Rs. 5,00,000/- (Rupees Five

Lakh) in extortion or else he will be eliminated. The paper slip

containing demand of extortion was again found inside the shop of the

informant which was discovered by him on 15.02.2025 at 06.00 A.M.

in the morning. It is stated that on the slip received on 15.02.2025 the

informant was again threatened with elimination and stated to treat the

letter as last warning. It is only after receiving the said extortion letter

the informant submitted written information to the SHO, Piprahi Police

Station. Accordingly, with the said allegation F.I.R. has been instituted.

A True Certified Copy of


Piprahi P. S. Case No - 27/2025,
Dated – 16.02.2025 is being
annexed herewith and marked as
ANNEXURE –P/1 to this
petition.
6. That it is humbly submitted that the petitioner is quite innocent and has

committed no offence as alleged and he has falsely been implicated in

this case in a well hatched conspiracy with ulterior motive.


4

7. That the F.I.R. is against the unknown person and the name of the

petitioner has come during the investigation and that too only on the

basis of confessional statement of the petitioner and the co-accused.

8. That it is alleged that the petitioner has made extortion call from the

mobile phone to the informant and merely by this technical evidence,

the petitioner has been made accused.

9. That nothing incriminating has been recovered from the person or

possession of the petitioner.

10. That petitioner has nothing to do with the alleged mobile phone and

SIM card which are not standing in the name of the petitioner.

11. That neither the petitioner has written any extortion letter nor made any

extortion call to the informant as alleged.

12. That following with the said threatening and demand, no money was

given by the informant to the petitioner.

13. That there is nothing which connects the petitioner with the alleged

crime and the petitioner has been implicated in this case only on the

basis of conjecture and surmises.

14. That the petitioner is a young person and comes from very humble

background and had falsely been implicated in the present case.

15. That from the facts stated above it is submitted that the petitioner has

committed no offence and the petitioner is fit to be released on bail.


5

16. That the petitioner undertakes to make himself available as and when

required for this case.

17. That the petitioner is ready to abide by the terms and conditions as may

be laid down by this Hon’ble Court for grant of bail.

18. That with these facts, the petitioner moved for grant of Bail in the

present case vide BP No. 26/2025 before the Learned Principal

Sessions Judge, Sheohar and the Learned Principal Sessions Judge,

Sheohar by his order Dated – 19.03.2025 was pleased to refuse the

prayer for bail of the petitioner in a mechanical manner.

It is therefore prayed that your

lordships may graciously be

pleased to enlarge the petitioner

on Bail in connection with Piprahi

P. S. Case No. - 27/2025 to the

satisfaction of Learned Chief

Judicial Magistrate, Sheohar.

And / Or
Pass such any other Order / Orders as

your Lordships may deem fit and

proper in the ends of Justice.

And for this, the petitioner shall ever pray.


6

AFFIDAVIT

I, Ram Sogarath Ram @ Sogarath Ram, Male, Aged About 45 Years,

Resident of Village – Kamrauli, P. S. – Piprahi, District – Seohar (Bihar),

do hereby solemnly affirm and state as follows:

1. That I am father of the petitioner of this case and as such am well

acquainted with the facts and circumstances of this case hence, competent

to swear this affidavit.

2. That the contents of this application have been read over and explained to

me in simple Hindi, which I have fully understood.

3. That the Annexure are True / Photo / Typed Copies of their respective

originals.
7

(Petitioner is in custody)
IN THE HIGH COURT OF JUDICATURE AT PATNA
(CRIMINAL MISCELLANEOUS JURISDICTION)
Cr. Misc. No. _________/2025 (R. Bail)

Sanjit Ram @ Sanjeet Ram. --------------------Petitioner.


Versus

The State of Bihar. ------------------ Opposite Party.


INDEX
Sl. ANNEXURE PARTICILARS Page

No. No.

01. Bail Application Under Section – 483 and 484

with Affidavit, Adhar Card for ID.

02. ANX-P/1 A True Certified Copy of Piprahi P. S. Case No

- 27/2025, Dated – 16.02.2025.

03. IMPUGNED ORDER.


V A K A L A T N A M A.
8

(Petitioner is in custody)

IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cri. Misc. No. _________/2025 (R. Bail)

(This is 1st Bail Application of the Petitioner)

In the matter of an application

under Section 483 and 484 of

BNSS, 2023.

AND

In the matter of:

Sanjit Ram @ Sanjeet Ram, Male, Aged About 20 Years, Son of Sri

Ram Sogarath Ram @ Sogarath Ram, Resident of Village – Kamrauli,

P. S. – Piprahi, District – Seohar (Bihar). ------Petitioner.

Versus

The State of Bihar. -------- Opposite Party.


9

List of Accused

in

Piprahi P. S. Case No - 27/2025

F.I.R. is registered against unknown person/s.

Common questions

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The anonymous nature of the threats allows the petitioner to argue that there is no concrete evidence directly linking him to the crimes, as the FIR initially targeted unknown individuals . This ambiguity gives room to question the reliability of the confession-based linkage made during the investigation. In his legal strategy, the petitioner can highlight the absence of direct witnesses or physical evidence associating him with the crime scenes or events. This lack of specific identification or direct evidence is leveraged to argue for his innocence and potential mistreatment without sufficient cause, which is a pivotal point in arguing for bail .

The timing of the informant's report, filed only after multiple threats, is pivotal in the petitioner's defense strategy. The delay highlights a possible lack of immediate peril perceived by the informant, which can be interpreted to question the credibility and seriousness of the threats. This might be presented as indicative of either embellishment or a non-urgent threat, casting doubt on the necessity of implicating the petitioner . Moreover, this timeline discrepancy is instrumental in arguing that the petitioner may have been an arbitrary target identified post-factum through investigative pressures rather than substantive evidence .

The timeline presented in the bail application suggests potential gaps in the prosecution's case. The initial threat was made on 01.02.2025, with further instances on 12.02.2025 and 15.02.2025, yet no direct evidence such as recordings or witnesses connect the petitioner to these incidents . The FIR was filed on 16.02.2025, implying a delay in reporting, which the petitioner could argue affects the credibility and urgency perceived by the informant. Additionally, as the petitioner was only implicated after a confessional statement and not immediately linked by the timeline events, it raises questions about the directness of his involvement .

The petitioner's clean criminal record is leveraged as a significant argument for granting bail, reinforcing his claim of being falsely implicated . The absence of prior offenses suggests a lower risk of reoffending, aligning with principles that advocate for bail when the accused poses minimal threat to public safety or risk of absconding . This lack of antecedents underpins the argument for his release, as it casts doubt on the likelihood of his guilt and implies a stable enough background to argue against detention without strong evidence .

Sanjit Ram argues for bail on several grounds: he claims innocence and asserts that he has been falsely implicated in the case as part of a conspiracy . He further argues that the FIR is against unknown persons, and his involvement was suggested only through a confessional statement that lacks substantial evidence . Additionally, he points out that there has been no incriminating evidence recovered from him, and the alleged extortion calls were made using a mobile phone not registered under his name . Moreover, he emphasizes his lack of prior criminal records and undertakes to comply with any bail conditions .

The co-accused’s involvement significantly impacts the petitioner's bail application, as the petitioner’s implication hinges largely on their testimony . This introduces a variable dependent on the credibility and potential motivations of the co-accused, which may be subject to bias or coercion. The petitioner can argue the unreliability of a confessional statement that lacks independent corroboration, emphasizing that basing accusations on such testimonies alone may not satisfy the evidentiary standards required to deny bail. This dependency on another implicated party’s narrative strengthens the petitioner's stance on innocence until proven guilty, a fundamental legal tenet considered during bail deliberation .

The petitioner suggests the investigation and charges against him lack substance due to several factors: firstly, the FIR was filed against unknown persons, and his name was only included based on a confessional statement, which he claims is not backed by sufficient evidence . He argues that no incriminating material was found in his possession and points out that there were no extortion letters or calls directly attributable to him since the phone used was not registered under his name . Furthermore, the petitioner emphasizes the absence of any monetary transaction between him and the informant and lack of tangible evidence linking him to the crime .

According to the bail application, the logical inconsistencies include the reliance on a confessional statement without corroboration from other credible evidence . The petitioner points out that the involvement is merely technical, citing that calls were made from a phone number not registered under his name, which suggests capacity for reasonable doubt regarding his active involvement . The absence of recovered incriminating items such as the extortion slips or evidence of financial transaction from the informant further weakens the direct connection established by the prosecution. These gaps suggest the potential for entrapment or mistaken identity, undermining the strength of the charges against him .

Ram Sogarath Ram, the petitioner's father, plays a crucial role in the bail application process by providing an affidavit to support his son's application. In the affidavit, he affirms being well-acquainted with the facts and circumstances of the case, thereby establishing his credibility. He certifies the truthfulness of the documents annexed with the application and has sworn to the affidavit, indicating his active involvement and support of his son’s legal process .

The bail application emphasizes the petitioner's young age and his humble background, aiming to present him as a low flight risk and unlikely to interfere with the investigation . His lack of past criminal records implies that he is not habitually involved in crime, which strengthens his case for bail under the principle of presumption of innocence . These characteristics suggest a lower likelihood of potential bail misuse, representing him as less capable and less motivated to commit further criminal acts while on bail. Such personal circumstances are often considered by courts when evaluating bail applications, providing a counter-narrative to the accusations .

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