Patna High CourtCR. MISC./43782/2023bail granted

Uma Shankar Rai @ Uma Shankar Prasad Yadav v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43782 of 2023 Arising Out of PS. Case No.-1190 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== UMA SHANKAR RAI @ UMA SHANKAR PRASAD YADAV S/O THAGA RAI R/O VILLAGE- GOKHULA, PS. BANJARIYA, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya (Banjaria) P.S. Case No. 1190 of 2022 dated 11.12.2022 registered for the offence punishable u/s 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, one country made pistol is alleged to have recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.43782 of 2023(2) dt.27-07-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in 9 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.12.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Turkauliya (Banjaria) P.S. Case No. 1190 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.43782 of 2023(2) dt.27-07-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T