Bhaiya Ram Choudhary @ Bhaiya Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24734 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- RAJPUR District- Rohtas ====================================================== Bhaiya Ram Choudhary @ Bhaiya Ram Chaudhary S/O Late Radha Choudhary R/o village- Habupur, P.S.- Rajpur, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Dr. Ajeet Kumar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Rajpur P.S. Case No. 170 of 2020, registered for the offence under Section 25(1-b)a, 26 of the Arms Act.

One country-made rifle and four live cartridges of .315 Bore have been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent and is in custody since 10.11.2020. Investigation is complete. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.24734 of 2021(2) dt.20-07-2021 2/2 Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rohtas, Sasaram in connection with Rajpur P.S. Case No. 170 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T