Ram Wokil Rai @ Wokil Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.50464 of 2015 (2) dt.21-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50464 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Wokil Rai @ Wokil Rai S/o Sri Paras Rai R/o village - Katkenwa, P.S. Adapur, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Adapur (Harpur) P.S. Case No. 65 of 2015 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-b), 26, 35 of the Arms Act.

Allegedly acting on tip off raid was conducted at the house of co-accused Vijay Singh @ Fantus Singh and the petitioner was apprehended with one country made pistol and mobiles.

Submission is of false implication and that the petitioner has been implicated in this case due to police atrocity. Nothing has been recovered from his conscious possession and his signature was obtained on plain paper which has converted into alleged seizure list. Co-accused Vijay Singh @ Fantus has already

Patna High Court Cr.Misc. No.50464 of 2015 (2) dt.21-12-2015 been allowed pre-arrest bail by another co-ordinate Bench of this Court vide Cri. Misc. No25983 of 2015 and the petitioner is suffering in custody since 18.04.2015.

The learned A.P.P. opposes the prayer of bail by submitting that petitioner has got criminal antecedent. In the facts and circumstances stated above, considering the alleged recovery and detention of the petitioner at this stage, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Raxaul at Motihari (East Champaran) arising out of Adapur (Harpur) P.S. Case No. 65 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T