Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28871 of 2022 Arising Out of PS. Case No.-196 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== NARESH RAI Son of Devendra Rai Resident of Village - Mangrahi, P.S.- Mahua, Distt.- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== 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 Patepur Police Station Case No. 196 of 2020, 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. 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 Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn, vide order, dated 24.01.2022, passed in Criminal Misc. No. 39916 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.

The prosecution case, as per the First Information Report, is that one loaded country-made pistol along with one

Patna High Court CR. MISC. No.28871 of 2022(2) dt.22-06-2022 2/3 live cartridge 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 24.01.2022. 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 16.09.2020 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 16.09.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.28871 of 2022(2) dt.22-06-2022 3/3 with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Patepur Police Station Case No. 196 of 2020.

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 √