Patna High CourtCR. MISC./16898/2017bail granted

Raja Babu v. The State Of Bihar

2017-04-10Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16898 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Raja Babu Son of Late Ram Pravesh Rai, Resident of Village- Sakari Saraiya, P.S.- Kurhani, (Turki O.P.) District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. P.M. Prasad For the Opposite Party/s : Mr. Jawahar Choubey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 The petitioner is in custody since 13.10.2016 in connection with Maniyari P.S. Case No. 193 of 2016, registered for offences punishable under Sections 399, 402, 414, 120(B) of Indian Penal Code and Section 25(1-b), 26(i), 35 of Arms and Section 20/22 of NDPS Act.

It has been submitted on behalf of the petitioner that allegation against the petitioner that one country made pistol along with one cartridge has been recovered from him, however, petitioner has sufficiently been punished for the said offence as he has been in judicial custody since 13.10.2016 and has no criminal antecedent and other co-accused having similar allegation has already been granted bail by this Court vide order dated 09.03.2017, passed in Criminal Miscellaneous No. 4631 of 2017

Patna High Court Cr.Misc. No.16898 of 2017 (2) dt.10-04-2017 2/3 and vide order dated 20.02.2017 passed in Criminal Miscellaneous No. 2569 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances and the period of custody and also that other co-accused persons having similar allegations have already been granted bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge - Muzafffarpur, in connection with Maniyari P.S. Case No. 193 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.16898 of 2017 (2) dt.10-04-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T