Vivek Ro @ Ajara Janson @ Ajara Janson Ro v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15662 of 2022 Arising Out of PS. Case No.-389 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Vivek Ro @ Ajara Janson @ Ajara Janson Ro Son of Raju Ro Resident of Village - Chanpatiya shamri Tola, Ward no.1, P.s.- Chanpatiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2022 Heard Mr. Amit Kumar Pandey, learned cousnel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

The petitioner is in custody in connection with Chanpatiya P.S. Case No. 389 of 2021 under sections 25(1-b)a, 26 of the Arms Act.

Allegation in the FIR is that the police upon information went to the place and found that accused persons are sitting in the premises of a closed Sugar Mill. Upon search, it is alleged that a country made pistol and live cartridge besides a mobile was seized from the petitioner herein. He has failed to show any document relating to the pistol and the live cartridge. Seizure list was prepared and the petitioner was taken into

Patna High Court CR. MISC. No.15662 of 2022(2) dt.11-07-2022 2/3 custody.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated by the police only on the basis of suspicion for which he has suffered by being in jail since 19.7.2021 as stated in para-10 of the bail application.

Taking into account the aforesaid fact, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Chanpatiya P.S. Case No. 389 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.15662 of 2022(2) dt.11-07-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T