Uday Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24566 of 2020 Arising Out of PS. Case No.-269 Year-2019 Thana- BELA District- Sitamarhi ====================================================== 1.

Uday Rai, Male, aged about 35 years, Son of Darbari Lal Rai, Resident of Village - Mananpur, P.S.- Malangwa, Distt. Sarlahi (Nepal). 2.

Vinod Sahni, Male, aged about 26 years, Son of Mahesh Sahni, Resident of Village - Malaha Tole, P.S. Bela, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the State :

Mr.Anil Kumar Singh No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-09-2020 Heard the parties through the virtual court proceeding. Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioners undertake to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

The petitioners seek bail in connection with Bela P.S. Case No. 269 of 2019 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

On 15.12.2019 after getting confidential information

Patna High Court CR. MISC. No. 24566 of 2020(2) dt.24-09-2020 2/3 about activity of miscreants in confirmation of which he reached near Naranga Rauahi road near turning where some miscreants were making preparation for committing crime who tried to flee away but out of them three miscreants were apprehended and after search of his body in presence of two independent witnesses one loaded pistol with five live cartridges, mobiles with SIM were recovered from the possession of apprehended accused persons.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and petitioners are in jail custody since 16.12.2019. He further submits that petitioner no.1 has got no any criminal antecedent and petitioner no.2 has two cases which is mentioned in paragraph-3 of the bail petition.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S. Case No. 269 of 2019.

However, the court below is directed to verify the

Patna High Court CR. MISC. No. 24566 of 2020(2) dt.24-09-2020 3/3 criminal antecedent of the petitioners before accepting the bail bond.

(Anjani Kumar Sharan, J) Nasimul/- U T