Ravi Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35621 of 2020 Arising Out of PS. Case No.-219 Year-2020 Thana- RAJIVNAGAR District- Patna ====================================================== Ravi Kumar Rai aged about 22 years, Son Of Late Lal Bahadur Rai Resident Of Sakin - Kautilya Nagar, Bibi Road, P.S. - Hawai Adda, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under sections 26, 27, 35 of the Arms Act and section 37 of the Bihar Prohibition and Excise Act. As per the prosecution case, co-accused Amit Kumar is alleged to have fired on the police party but the same did not hurt anybody. This petitioner is alleged to be an associate of said co-accused in drunken state.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and the only allegation against the petitioner is that he was accompanying said co-accused in drunken state at the relevant time. Charge sheet has also been filed in the case. Petitioner is in custody since 13.7.2020.

Patna High Court CR. MISC. No.35621 of 2020(3) dt.22-01-2021 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in Special Excise Case No.4379/2020, Rajivnagar Police Station Case No. 219 of 2020 on the following conditions:-

(1) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) Shashi U T