Raj Kishor Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44832 of 2021 Arising Out of PS. Case No.-437 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== Raj Kishor Pal S/O Sahjanand Pal R/O Village-Sonbarsa, P.S-Shahpur, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks regular bail in connection with Shahpur P.S. Case No. 437 of 2020 instituted for the offences under Sections 384, 386 and 387 of the Indian Penal Code read with Sections 25(1-b)a and 26 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 29.12.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that the allegation is of recovery of one katta and two live cartridges from his pocket.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as nothing was recovered from his possession.

Patna High Court CR. MISC. No.44832 of 2021(3) dt.04-01-2022 2/2 Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that recovery was made from the pocket of the petitioner and petitioner also has got criminal antecedents as mentioned in paragraph '3' of the bail application.

Considering the fact that the petitioner is in custody since 29.12.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhojpur at Arrah in connection with Shahpur P.S. Case No. 437 of 2020 with a condition that the petitioner will mark his attendance in the concerned police station in between 25-30 of every month commencing from January, 2022 till framing of charge, in the event, the concerned police station reports to the learned court below that the petitioner in between the aforesaid dates in any of the month has not marked his attendance before framing of charge, the court below will proceed to cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T