Patna High CourtCR. MISC./68836/2019bail granted

Dulsi Rai @ Tulsi Rai v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68836 of 2019 Arising Out of PS. Case No.-504 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== DULSI RAI @ TULSI RAI Son of Lalu Rai @ Lalbabu Rai Resident of Village- Dhodhi Ratan, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 399, 402, 414 of the IPC and sections 25(1-b)a, 26, 35 of the Arms Act.

Counsel for the petitioner submits that petitioner as well as co-accused Basawan Rai even as per allegation in the F.I.R was apprehended on the basis of suspicion. One mobile phone was recovered from the petitioner and as per submission of counsel for the petitioner, the same belongs to the petitioner himself.

Petitioner has no criminal antecedent and recovery of arms is attributed to other co-accused Basawan Rai and petitioner is in custody since 06.08.2019.

Patna High Court CR. MISC. No.68836 of 2019(2) dt.11-12-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III-cum- Sub Judge III (West) Muzaffarpur in Kudhani P.S. Case no. 504/2019 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T