Patna High CourtCR. MISC./40323/2019bail granted

Ram Pravesh Rai v. The State Of Bihar

2019-07-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40323 of 2019 Arising Out of PS. Case No.-82 Year-2016 Thana- SARAI District- Vaishali ====================================================== RAM PRAVESH RAI S/o Late Baiju Rai R/o village- Sarai Mukundpur, P.S.- Sarai, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

Prosecution case, in short, is that while the informant along with other police party was on patrolling duty, the accused persons were apprehended on suspicion for committing dacoity. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.1.2017. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has remained in custody for more than two years. The name of the petitioner has transpired on the basis

Patna High Court CR. MISC. No.40323 of 2019(2) dt.03-07-2019 2/2 of confession of co-accused. The petitioner was not apprehended on the spot. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No. 296/17 arising out of Sarai P.S. Case No. 82 of 2016.

(Sudhir Singh, J) Pankaj/- U T