Raj Kumar @ Raj Kumar Singh @ Samrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28282 of 2021 Arising Out of PS. Case No.-65 Year-2009 Thana- MARANCHI District- Patna ====================================================== RAJ KUMAR @ RAJ KUMAR SINGH @ SAMRAT S/o Arun Kumar Singh @ Arun Singh R/o village- Bedhna (Bedhna), P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Ms.Shruti Sinha, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-06-2021 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

Allegation is recovery of one country made pistol and one live cartridge from the possession of petitioner. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner was granted provisional bail vide order dated 02.08.2010 passed in Criminal Miscellaneous No. 25822 of 2010 with certain conditions but due to misconception he had gone outside the State to earn his livelihood and said conditions were violated and his bail bond was cancelled. Similarly situated co-

Patna High Court CR. MISC. No.28282 of 2021(2) dt.17-06-2021 2/2 accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 28.06.2010 in Criminal Miscellaneous No. 22162 of 2010, 16.07.2010 passed in Criminal Miscellaneous No. 25822 of 2010 and 19.07.2010 in Criminal Miscellaneous No. 25975 of 2010. Petitioner is in custody since 31.10.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Maranchi PS Case No. 65 of 2009, with 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.

(S. Kumar, J) ranjan/- U