Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46049 of 2018 Arising Out of PS.Case No. -208 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Anil Rai, S/o Late Ram Prasad Rai, Resident of Village- Gausi Balthi, P.S.- Sahebganj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad, Adv. Mr. Raja KUMAR goswami, Adv.

For the Opposite Party/s : Mr. Mukeshwar Dyal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sahebganj P.S.Case No.208 of 2015 Tr.No.3991 of 2015 , registered for offences punishable under Sections 25(1-b)/26/35 of the Arms Act.

Petitioner is named in the FIR and as per the FIR the fire arms were recovered from the co-accused.

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and nothing has been recovered from his possession.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in

Patna High Court Cr.Misc. No.46049 of 2018 (2) dt.09-08-2018 2/2 the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, West, Muzaffarpur in connection with Sahebganj P.S.Case No.208 of 2015, Tr. No.3991 of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T