Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7626 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SANTOSH RAI Son of Sikandar Rai @ Sikandar Roy Resident of Village - Ram Tola, P.S.- Lakho, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 25.02.2020 in connection with Bakhtiyarpur P.S. Case No. 64/2020 registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Section 25(1-b)a, 26,35 of the Arms Act. As per the prosecution case, one loaded countrymade pistol and four live cartridges of .315 bore and a mobile phone have been recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has been made accused in this case on the basis of suspicion. It is further submitted that petitioner has got one criminal antecedent, as stated in paragraph No. 3, in which he is on bail.

Patna High Court CR. MISC. No.7626 of 2021(2) dt.12-03-2021 2/2 Chargesheet has already been submitted in this case. Petitioner is in custody since 25.02.2020.

Considering the aforesaid facts and circumstances and taking into consideration the period of custody, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned ACJM, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No. 64/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T