Rudal Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25645 of 2021 Arising Out of PS. Case No.-941 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Rudal Sada, Son of Shibu Sada Resident of Village - Sauraidih, P.S.- Muffasil, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 14.12.2020 seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No.941 of 2020 dated 13.12.2020 (G.R. No.3689 of 2020) registered for offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Prosecution case in brief, is that police team had gone for general patrolling and while it reached near Sauraidih road found three persons in a suspicious condition and upon search one loaded country-made pistol was recovered from Rajiv Kumar Sharma and one empty cartridges recovered from the possession of Ramanand Kumar.

Patna High Court CR. MISC. No.25645 of 2021(2) dt.01-12-2021 2/3 Learned counsel appearing on behalf of the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and has falsely been implicated in the present case. The charge sheet has already been submitted against the petitioner.

Considering the general and omnibus allegations, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.941 of 2020 , subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. The learned court below is directed to clarify the criminal antecedent of the petitioner. In case the petitioner is

Patna High Court CR. MISC. No.25645 of 2021(2) dt.01-12-2021 3/3 found to be accused, then in that case, the bail bond of the petitioner shall be cancelled.

(Purnendu Singh, J) Prakash Narayan /- U T