Dharmendra Singh @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53932 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== 1.

Dharmendra Singh @ Dharmendra Kumar Son Of Ram Paras Singh R/O Village- Hira Chhapra, P.S.- Kalyanpur, District- East Champaran 2.

Umesh Rai Son Of Late Sumeshwar Rai R/O Village-Ganesh Sirisiya, P.S.- Chakia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh, adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners.

The petitioners are in custody in connection with Chakia P.S. Case No.120 of 2021 instituted under Sections 25 (1-b) a / 26 / 35 Arms Act.

As per the prosecution case, the police party raided the house of petitioner no.2. Two persons tried to escape but were apprehended who named themselves as Dharmendra Singh and Umesh Rai, petitioner no.1 and petitioner no.2 respectively. Search was made and pistol and live cartridge were recovered from them. Seizure list prepared and it is in this way that they came into the judicial custody.

Counsel for the petitioners submit that they are in jail since the occurrence i.e. 22.05.2021.

Taking into the aforesaid facts, let the petitioners be

Patna High Court CR. MISC. No.53932 of 2021(2) dt.11-04-2022 2/2 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Chakia P.S. Case No.120 of 2021 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, subject to following conditions:

(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.

With the aforesaid observation, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T