Rajesh Ram @ Chhotu Ram @ Ravi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28841 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== RAJESH RAM @ CHHOTU RAM @ RAVI RAM Son of Sri Baidyanath Ram Resident of village - Vrindavan Ashram, P.S.- Chanpatia (Kumarbag), District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-06-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Chanpatia (Kumarbag) Police Station Case No. 90 of 2021, registered for the offences punishable under Sections 413/414 of the Indian Penal Code and Sections 25 (1-B) (a)/26 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn, vide order, dated 04.02.2022, passed in Criminal Misc. No. 43888 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.

Patna High Court CR. MISC. No.28841 of 2022(2) dt.22-06-2022 2/3 The prosecution case, as per the First Information Report, is that one loaded country-made pistol, one live cartridge, one mobile phone and one motorcycle was recovered from the possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 04.02.2022. He further submits that the mobile phone and the motorcycle belong to the petitioner. He further submits that the petitioner has falsely been implicated in this case with oblique motive by the police and at the time of search and seizure, the procedure prescribed under the provision of the Code of Criminal Procedure, 1973, has not been followed. He further submits that the petitioner is in custody since 08.02.2021 and charge sheet has already been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Having regards to the submissions advanced on behalf of the parties and taking into consideration the fact that this is second attempt on behalf of the petitioner for grant of regular bail, the petitioner is in custody since 08.02.2021 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.28841 of 2022(2) dt.22-06-2022 3/3 This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Chanpatia (Kumarbag) Police Station Case No. 90 of 2021.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √