Bhagwan Rai @ Bhagwan Kr. Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24006 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Bhagwan Rai @ Bhagwan Kr. Rai, S/o Gariba Rai, Resident of village - Rajauli, P.S. Baniyapur, District - Saran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemendra Prasad Singh, Sr. Adv. Mr. Nagendra Prasad Yadav No-1, Adv.

For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-05-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Section 414 of the Indian Penal Code as also under Section 25(1-B)(a)/26/35 of the Arms Act. Though the petitioner is named in the FIR vide Annexure-1 as an accused, with allegation of recovery of one country made pistol with some live cartridges, but taking into consideration the period of incarceration and also taking into consideration the fact that he is said to be the first offender, as has been asserted in paragraph 3 of the bail application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran, Chapra in connection with Khaira (Nagra) P.S.Case No.57 of 2016, subject to the conditions that:

(A) One of the bailors shall be his one of the parents (B) other bailor shall be either close family member

Patna High Court Cr.Misc. No.24006 of 2016 (2) dt.30-05-2016 or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Arvind/- U T