Laxman Rai (Roy) @ Lakshna Roy @ Lachhan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5580 of 2021 Arising Out of PS. Case No.-195 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== LAXMAN RAI (ROY) @ LAKSHNA ROY @ LACHHAN ROY Son of Ram Raji Rai (Roy) Resident of Village- Rani Tola, Ward No. 11, P.S.- Bachhwara, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 of Arms Act and Section 30(a) of Excise Act.
Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with liberty to renew his prayer for bail after completing one year in jail custody.
Informant has alleged in his self-statement that on receiving specific information, he raided the house of petitioner and from his house, 52.200 litres of foreign liquor as well as from the godrej Almiraha, two country made pistol with twenty live cartridges were recovered.
Patna High Court CR. MISC. No.5580 of 2021(2) dt.25-02-2021 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to village politics. It is further submitted that nothing was recovered from the conscious possession of the petitioner. It has been submitted that petitioner is in custody since 18.10.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bachhwara P.S. Case No. 195/2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of
Patna High Court CR. MISC. No.5580 of 2021(2) dt.25-02-2021 3/3 bail of the petitioner.
(S. Kumar, J) Rajiv/- U T