Patna High CourtCR. MISC./67068/2024bail granted

Raj Nath Sah v. The State Of Bihar

2024-10-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67068 of 2024 Arising Out of PS. Case No.-565 Year-2020 Thana- GARKHA District- Saran ====================================================== Raj Nath Sah, Son of Surendra Sah Resident of Village - Garkha, P.S.- Garkha, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-10-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307, 120(b) and 34 of the Indian Penal Code and Sections 25(1-b)a and 27 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act.

3. The learned counsel for the petitioner submits that the petitioner is in custody since 24.11.2020 and charges have been framed against him. It is further submitted that co-accused Shaukat Ali has been granted the privilege of bail by an order dated 17.08.2022 in Cr. Misc. No.43022 of 2022. It is next submitted that thereafter, co-

Patna High Court CR. MISC. No.67068 of 2024(2) dt.25-10-2024 2/3 accused Vijay Mahto had moved this Court seeking regular bail by filing Cr. Misc. No.40489 of 2022 and the same was allowed by an order dated 10.01.2023 by a learned Coordinate Bench placing reliance on 17.08.2022 in Cr. Misc. No.43022 of 2022, it is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that based on suspicion, petitioner has been implicated.

4. Learned A.P.P. opposes the bail application.

5. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Chapra, Saran in connection with Sessions Trial No.390 of 2021 arising out of Garkha P. S. Case No.565 of 2020.

6. The application stands allowed.

7. However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release is

Patna High Court CR. MISC. No.67068 of 2024(2) dt.25-10-2024 3/3 trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioner is behind bar.

(Satyavrat Verma, J) vikash/- U T