Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72441 of 2018 Arising Out of PS. Case No.-727 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raj Kumar Rai, S/o Ganesh Rai Resident of Village-Pathal Ghat, Manoharpur, P.S.-Patauri, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Ahiapur P.S. Case No. 727 of 2017 registered for the offence punishable under Sections25(1b)a (1-AA), 25(1-AAA)26(ii), 35 of the Arms Act & 8/20, b(ii) (B) of N.D.P.S. Act, 30(a) of the Bihar Prohibition & Excise Act, 2016.

As per allegation seven accused persons including the petitioners were sitting in a car from which about 21 kg. Ganja, 9lt. Foreign liquor and one country made pistol and 5 live cartridges were recovered.

It has been submitted on behalf of the petitioner the petitioner has no criminal antecedent and similarly placed coaccused have already been granted bail, as contained in Annexure 2 and 2/A. Petitioner is in custody since 10.09.2017.

Patna High Court Cr.Misc. No.72441 of 2018(3) dt.20-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise, Muzaffarpur, in connection with Ahiapur P.S. Case No. 727 of 2017 , 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) Sanjay/- U T