Chandradeo Rai @ Chandra Dev Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63243 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Chandradeo Rai @ Chandra Dev Ray S/o Saryug Rai, resident of VillageChaksultani P.S. Sadar Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner, who is in custody, seeks bail in connection with Hajipur Town P.S. Case No. 33 of 2017 registered for the offences punishable under Section 414/34 of the IPC, Section 25(1-b) a/26/35 of the Arms Act and sections 8/20(B) (ii) (B) of the NDPS Act.

Allegation against petitioner is of recovery of one country made loaded pistol, live cartridge and master key from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no concern with the seized Scorpio. It has been further submitted that similarly co-accused, namely Baiju Rai has been granted bail by the court below as contained in Annexure-3 and other co-accused persons, namely, Shiv Kumar

Patna High Court Cr.Misc. No.63243 of 2018(2) dt.26-10-2018 2/2 @ Bhola and Sita Ram Singh @ Raushan Singh have been granted bail by this Hon'ble Court as contained in Annexure- 4 and 4/1. Petitioner is in custody since 19.01.2017. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Vaishali, in connection with Hajipur Town P.S. Case No. 33 of 2017 subject to the condition that:-

(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 present on each and every dated fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T