Patna High CourtCR. MISC./24039/2020bail granted

Sudarshan Rai v. The State Of Bihar

2020-09-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24039 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sudarshan Rai Son of Late Lakshmi Rai Resident of Village - Morehar, Roop Chhapra, P.S.- Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Sahebganj P.S. Case No. 03 of 2020, registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, it is alleged that one live cartridge and one Glamour motorcycle were recovered from the possession of petitioner.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from conscious possession of petitioner, but police intentionally

Patna High Court CR. MISC. No.24039 of 2020(2) dt.17-09-2020 2/2 dragged him in this false case. The petitioner is in custody since 02-01-2020.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 03 of 2020 on the following conditions: "(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T