Raghunath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous Case No. 18481 of 2020 ====================================================== Raghunath Singh, Son of Shankar Singh, resident of village Bakwan @ Bakama, P.S. Bhadaur, District, Patna .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Udbhav For the Respondent/s :

Mr. Mohammed Arif ====================================================== The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-07-2020 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner seeks regular bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code and Section 25(1B)a/26/35 of the Arms Act. Earlier the bail of the petitioner was rejected vide order dated 29.11.2019 passed in Criminal Miscellaneous No. 66341 of 2019, as contained in Annexure 1 with liberty to renew his prayer for bail after one year in jail custody. Allegation is recovery of one country

made pistol and three live cartridges of 8 MM, two live cartridges of 8 MM, 8 empty cartridges and one motorcycle from the possession of the petitioner. It is submitted on behalf of petitioner that no independent witnesses have been made seizure list witness and two police constables are seizure list witnesses which makes whole search and seizure doubtful. Petitioner is in custody since 13.03.2019.

Learned counsel for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount in connection with Bhadaur P.S. Case No.12/2019 to the satisfaction of learned court below where the case is pending, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason, the trial court shall have liberty to cancel his bail bonds.

(2) 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.

(3) If the petitioner is found involved in similar nature of offence, after his release on bail the trial court shall take steps to cancel his bail bonds.

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