Bambum Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4086 of 2021 Arising Out of PS. Case No.-146 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== BAMBUM RAI, Son of Ram Sharan Roy, Resident of Village-Sahuri, P.S.- Birpur, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Alok Kumar Alok, learned Counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Birpur Police Station Case No. 146 of 2019, disclosing offences under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation, as per the First Information Report is that the the petitioner along with other accused persons allegedly fired upon the informant and his cousin. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to previous enmity between the parties and there is case and counter case

Patna High Court CR. MISC. No.4086 of 2021(2) dt.25-03-2021 2/3 and both the parties are co-villagers. Learned counsel next submits that co-accused, Chandan Kumar and Ram Sugiya Paswan have been granted bail by Coordinate Bench of this Court in Cr. Misc. No.24726 of 2020 and Cr. Misc. No.40285 of 2020 respectively. Learned counsel next submits that petitioner is in custody since 03.01.2020, i.e., more than one year. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that other co-accused persons have been granted bail by this Court and the petitioner is in custody since 03.01.2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Bambum Rai, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Begusarai, in connection with Birpur Police Station Case No. 146 of 2019, subject to the following conditions :

(I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving 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.

Patna High Court CR. MISC. No.4086 of 2021(2) dt.25-03-2021 3/3 It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T