Ram Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2171 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- ISUAPUR District- Saran ====================================================== Ram Babu Rai S/o Late Ram Chandra Rai, R/o Village- Bhoraha, P.S.- Panapur, District- Saran.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Isuapur P.S. Case No. 166 of 2019 registered for the offences punishable under Sections 399, 402, 414/34 of the Indian Penal Code and Sections 25(1-b) a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has nothing to do with any of the articles as allegedly shown from his possession and petitioner has no concern with the alleged occurrence or with any other co-accused persons.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.2171 of 2020(2) dt.16-01-2020 2/3 bail of the petitioner.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that although from the possession of the petitioner a loaded country made pistol has been recovered, however, petitioner has remained in custody for over five months and that the one case on his head of the year 2009 in which he is on bail, let on completion of six months of custody the petitioner above named be released on bail in connection with Isuapur P.S. Case No. 166 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.2171 of 2020(2) dt.16-01-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T