Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51120 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== RAJA KUMAR Son of Kishori Ray Resident of Village - Jahanabad, P.S.- Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Lalganj Police Station Case No. 155 of 2021, registered for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Section 25(1-B)a/26/35 of the Arms Act. As per the First Information Report, the police got secret information that one boy on a bike along with his other friends were carrying arms and were planning to commit offence. On this information, the police started checking vehicles and apprehended the petitioner along with loaded country made pistol and one cartridge from his pocket. Learned Counsel for the petitioner submits that petitioner has got no criminal antecedent and he is in custody since

Patna High Court CR. MISC. No.51120 of 2021(2) dt.08-02-2022 2/3 3.5.2021. He further submits that other co-accused persons who were also involved in the offence have been granted bail by this Court in Cr. Misc. 44932 of 2021 and 45070 of 2021 respectively. He further submits that charge sheet has already been submitted against the petitioner, and as such, there is no likelihood that he will abscond and/or tamper with the evidence. Regard being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record, the fact that the petitioner is in custody since 3.5.

2021 having no criminal antecedent and charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Lalganj Police Station Case 155 of 2021 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Patna High Court CR. MISC. No.51120 of 2021(2) dt.08-02-2022 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T