Rajesh Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.57769 of 2015 (2) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57769 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Rajesh Ram S/o - Mahendra Ram @ Burha Ram Resident of Village - Mangobandar, P.S. - Khaira, District - Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Prasad Sinha For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Khaira P.S. Case No. 128 of 2015 G.R. No. 952 of 2015 instituted for the offences under Sections 25 (1-b), A 26 Arms Act. Allegedly, the petitioner was caught when he was trying to flee away riding on splendor motorcycle and from his possession loaded country made pistol and further one live cartridge were recovered and he did not produce the paper regarding the pistol and motorcycle.

Submission is of false implication and that the petitioner is suffering in custody since 6.6.2015 and he has been made victim of the circumstances and by remaining in custody by

Patna High Court Cr.Misc. No.57769 of 2015 (2) dt.29-01-2016 now he has been sufficient penalized.

Learned A.P.P. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent. In the facts and circumstances stated above, considering the period of detention of the petitioner now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar Judicial Magistrate, 1st Class, Jamui in connection with Khaira P.S. Case No. 128 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T