Rajnikant @ Raju Kumar @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1225 of 2015 Arising Out of PS.Case No. -200 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Amrendra Singh @ Baban Sharma @ Amrendra Sharma, Son of Late Shiv Lagan Singh, Resident of Village - Aiyara, Police Station - Karpi, District - Arwal.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.7414 of 2015 Arising Out of PS.Case No. -200 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Rajnikant @ Raju Kumar @ Raju, Son of Amrendra Singh @ Baban Sharma @ Amrendra Sharma, Resident of village - Aiyara, Police Station - Karpi, District - Arwal .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.1225 of 2015) For the Petitioner/s : Mr.Abhijeet Gautam Mr.Raja Surendra Mohan For the Opposite Party/s : Mr. Anusaiya Jaiswal, Addl.P.P. (In Cr.Misc. No.7414 of 2015) For the Petitioner/s : Mr.Abhijeet Gautam For the Opposite Party/s : Mrs. Sahin Begum, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard.

Since both the bail applications arise out of a common police station case, therefore, they have been heard together and are being disposed of by this common order.

The petitioners of both the cases seek bail in a criminal prosecution registered under Sections 25(1-B)(a)/26/35 of the Arms Act.

Though, both the petitioners are named in the FIR vide Annexure-1 as accused and there is allegation of recovery of certain fire arms either from their house or from their possession,

Patna High Court Cr.Misc. No.1225 of 2015 (3) dt.04-03-2015 but taking into consideration the fact that they are in judicial custody since 26.09.2014 and further taking into consideration the fact that, now, the charge-sheet has been submitted in the present case, their prayer for bail is allowed. The petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jehanabad in connection with Karpi P.S.Case No.200 of 2014 corresponding to G.R.No.2322 of 2014, subject to the conditions that:

(a) One of the bailors of both the petitioners shall be a government servant, (b) the other bailor shall be either family member or close relation of both the petitioners, (c) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(d) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. Arvind/- (Birendra Prasad Verma, J) U T