Praduman Rai @ Pradhuman Kr. Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51771 of 2021 Arising Out of PS. Case No.-256 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== 1.

Praduman Rai @ Pradhuman Kr. Rai Son of Yogendra Rai Residence of Village - Banwaripur, P.S.- Dariyapur, Distt.- Saran at Chapra 2.

Jai Hind Yadav @ Jayhind Yadav Son of Shomnath Yadav Residence of Village - Parshuram Pur, P.S.- Dariyapur, Distt.- Saran at Chapra ... ... 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. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. The petitioners seek bail in connection with Dariyapur P.S. Case No. 256 of 2021 instituted for the offences under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are in custody since 02.06.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that nothing was recovered from the possession of

Patna High Court CR. MISC. No.51771 of 2021(2) dt.08-02-2022 2/2 petitioner no. 1 and as far as petitioner no. 2 is concerned, it is alleged that one Samsung mobile was recovered from him and as far as allegation of recovery of arms is concerned, it is from other co-accused persons namely Arun Rai and one other accused.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case merely because they were also present at the place of occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 02.06.2021, charge-sheet has been submitted in the case, petitioners are persons with clean antecedent and no arms were recovered from their possession, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-13, Saran at Chhapra in connection with Dariyapur P.S. Case No. 256 of 2021.

(Satyavrat Verma, J) Rishi/- U T