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Patna High CourtCR. MISC./8891/2021bail granted

Rabindra Ram @ Rabi Ram @ Ravi Ram @ Rabi Ram @ Rabindar Ram v. The State Of Bihar

2021-06-30Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8891 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- KHAIRA District- Jamui ====================================================== Rabindra Ram @ Rabi Ram @ Ravi Ram @ Rabi Ram @ Rabindar Ram Son of Huro Ram, Resident of Village - Mircha, P.S. Sikandra District - Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narsingh Tanti, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-06-2021 In view of sudden surge of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Khaira P.S. Case No. 252 of 2020 registered for offence punishable under sections 25 (1-b) (a)/26 of the Arms Act.

One country made pistol and two live cartridges have allegedly been recovered from the petitioner's possession. He is in custody since 19.06.2020.

Patna High Court CR. MISC. No.8891 of 2021(2) dt.30-06-2021 2/2 Learned counsel for the petitioner submits that it is a case of false implication. The petitioner has no criminal antecedent and the recovery is not in accordance with section 100 Cr. P.C. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let 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 Chief Judicial Magistrate, Jamui in Khaira P.S. Case No. 252 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) Mahesh/- U T