Shyam Sundar @ Raja v. The State Of Bihar

Patna High Court Cr.Misc. No.49000 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49000 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Shyam Sundar @ Raja, Son of Shiv Shankar Ray, Resident of VillageSalempur, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Muzaffarpur Sadar P.S.Case No.421 of 2017, registered for offences punishable under Sections 143, 144, 158, 290, 414, 272, 273 and Section 25(1-b)/25(-A/25-AA/25-AAAA/26/26(2)/35/27 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner as per FIR is that he raided at a party organized by one Surendra Rai and arrested several persons either in drunken condition or having liquor and arms including the petitioner.

Submission of the learned counsel for the petitioner is that nothing has been recovered either arms or liquor from the possession of the petitioner. He ha has no criminal antecedent and he is in custody for 1 1⁄2 months.

Patna High Court Cr.Misc. No.49000 of 2017 (2) dt.13-10-2017 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffaprur in connection with Muzaffarpur Sadar P.S.Case no.421 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T