Surjit Rai @ Surjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39422 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- DANAPUR District- Patna ====================================================== Surjit Rai @ Surjit Kumar, Son of Virendra Rai, R/o Takiyapar Main Road, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.05.2018 in connection with Danapur P.S. Case No. 258/2018 for offences punishable under Sections 25(1-B) a, 26, 35 of the Arms Act.

The prosecution case, as lodged by the informant, is that during patrolling they apprehended two persons including the petitioner and on search the petitioner was found in possession of one loaded country-made pistol and one live cartridge. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that no overt act has been alleged to have been committed, charge-sheet

Patna High Court Cr.Misc. No.39422 of 2018(3) dt.06-09-2018 2/2 has already been submitted and there is no allegation of tampering of the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 258/2018, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/Pragya U T