Raj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26258 of 2019 Arising Out of PS. Case No.-120 Year-2016 Thana- CHARPOKHARI District- Bhojpur ====================================================== RAJ KUMAR RAM Son of Late Mithu Ram Resident of Village - Chandi, P.S.- Charpokhari, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 25.9.2018 passed in Cr. Misc. No.41355 of 2018 in connection with Charpokhari P.S.Case No.120 of 2016 for the offences under Section 25(1b)a, 26(i)(ii) Arms Act, 18, 20, 38, 39 U.A.P. Act and Section 17 of C.L.A. Act.

Allegation as per FIR against the petitioner is of recovery of rifle, three live cartridges and double barrel gun from the possession of the petitioner.

Submission of the learned counsel for the petitioner is that for recovery another case has been lodged which is still pending and in this case he has been made accused on the basis of confession . It is further submitted that in the

Patna High Court CR. MISC. No.26258 of 2019(4) dt.17-07-2019 2/2 main case in which recovery was made he has been granted bail. Now he is in custody for more than three years. . Heard learned A.P.P. and from perusal of the record it appears that up till now not a single witness has been examined.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM II, Bhojpur in connection with Charpokhari P.S.Case No.120 of 2016 with condition that both the bailors shall be local one having sufficient property within the jurisdiction of the civil court, Bhojpur at Ara and further condition that before releasing on bail, his address as well as the address of the bailor shall be verified and further condition that he will co-operate in disposal of the trial and will also appear as and when required by the learned court below; otherwise his bail bond shall be cancelled. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T