Patna High CourtCR. MISC./34764/2023bail granted

Binod Rai @ Vinod Rai @ Vinod Kumar v. The State Of Bihar

2023-08-16Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34764 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Binod Rai @ Vinod Rai @ Vinod Kumar S/O Late Rajendra Rai R/O VillageChintamanpur, P.S- Vaishali (Belsor O.P), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 11.02.2023 in connection with Vaishali (Belsar O.P) P.S. Case No. 47 of 2023, F.I.R. dated 10.02.2023 for the offences punishable under Sections 25 (1-b)a and 26 of the Arms Act.

3. According to prosecution case, it appears from the F.I.R. and Seizure list that one country-made pistol was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Learned counsel for the petitioner further submits that there is non-compliance of Section 100 of the Cr.P.C. The police after investigation, submitted the charge

Patna High Court CR. MISC. No.34764 of 2023(4) dt.16-08-2023 2/3 sheet against the petitioner. The petitioner is in custody since 11.02.2023.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried 8 cases other than the present one but fairly submits on the basis of paragraph - 3 of the bail petition that the petitioner is on bail in all eight cases.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P) P.S. Case No. 47 of 2023, subject to the following conditions:- i. Petitioner shall co-operate 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. ii. 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.

Patna High Court CR. MISC. No.34764 of 2023(4) dt.16-08-2023 3/3 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Aditi U T