Birendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39104 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== Birendra Rai Son of Late Rama Nandan Rai @ Ram Nandan Ray resident of village- Rampur Aajrakbe, P.s.- Aurai, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Bela Singh, Adv.
For the Opposite Party/s :
Mr.Balmukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Aurai P.S. Case No.125/2020 registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that he had indulged in indiscriminate firing upon the informant but the informant somehow concealed himself in his house. Learned counsel submits that police has seized five empty cartridges but the seizure list witnesses are the driver and the son of the informant, the petitioner has otherwise no criminal antecedent and he has remained in jail in connection with this case since 07.08.2020.
Patna High Court CR. MISC. No.39104 of 2020(2) dt.10-02-2021 2/3 Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein the allegation against the petitioner is that he had indulged in indiscriminate firing upon the informant but the informant somehow concealed himself in his house, the submission being that the police has seized five empty cartridges but the seizure list witnesses are the driver and the son of the informant, the petitioner has otherwise no criminal antecedent, he has remained in jail in connection with this case since 07.08.
2020, investigation against him is complete and there is no submission on behalf of the State that his release at this stage is likely to result in tampering with the evidence or interfering with the course of trial, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Aurai P.S. Case No.125/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the
Patna High Court CR. MISC. No.39104 of 2020(2) dt.10-02-2021 3/3 commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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.
And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.