Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78411 of 2018 Arising Out of PS. Case No.-466 Year-2018 Thana- MANER District- Patna ====================================================== Anil Rai, son of Nawal Rai, resident of Chakiya Tola, Khaspur, P.S. Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Sri Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 106 of 2018 arising out of Maner P.S. Case No. 466 of 2018, registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Section 20/22 N.D.P.S. Act.

Informant who is police officer has alleged that on secret information police raided the place and arrested four miscreants on two motorcycles and from possession of Manoj Kumar 400 grms. Ganja was recovered. It has been further alleged that both of motorcycles were stolen as ownership document could not be produced by the apprehended persons. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.78411 of 2018(2) dt.10-01-2019 2/2 falsely implicated in this case. Nothing has been recovered from his possession and he has no criminal antecedent. He is in custody since 15.09.2018. Similarly placed co-accused San Kumar has been granted bail by co-ordinate bench of this court passed in Cr. Misc. No. 73355 of 2018 vide order dated 11.12.2018.

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-cum-Special Judge, Patna, in connection with Special Case No. 106 of 2018, arising out of Maner P.S. Case No. 466 of 2018, subject to 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 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.

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

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