Patna High CourtCR. MISC./21560/2024bail granted

Budhan Rai v. The State Of Bihar

2024-03-13Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21560 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- SAHPUR District- Patna ====================================================== Budhan Rai SON OF LATE RAM BABU RAI RESIDENT OF VILLAGEGANGHARA (FUTANI BAZAR), PS- SHAHPUR, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No.1186 of 2023, arising out of Shahpur P.S. Case No.347 of 2023, lodged under Sections 307, 302, 34 of the I.P.C. read with section 25(9) of Arms Amendment Act, 2019.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 11.10.2023 passed in Cr. Misc. No.64717 of 2023 in which liberty was granted to him to renew his prayer for bail two months after framing of charge.

4. Counsel further submits that the charge has already been framed in this case on 11.12.2023.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.21560 of 2024(2) dt.13-03-2024 2/3 for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Danapur (Patna) in connection with S.Tr. No.1186 of 2023, arising out of Shahpur P.S. Case No.347 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.21560 of 2024(2) dt.13-03-2024 3/3 cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

7. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Prakashmani/- U