Patna High CourtCR. MISC./8404/2018bail granted

Naga Rai @ Nand Lal Rai v. The State Of Bihar

2018-02-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8404 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -SONEPUR District- SARAN ======================================================

1. Naga Rai @ Nand Lal Rai S/o Rampanni Rai, R/o Village- Narar Mira (Semer Tar), P.S.- Sonepur, Distt.- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sonepur P.S. Case No. 231 of 2017 registered under Sections 341, 323, 324, 342, 379, 193 & 120-B of the Indian Penal Code, Section 33 & 36 of the Bihar Prohibition and Excise Act, 2016 and Section 25 (1-b) & 26 of the Arms Act.

Petitioner along with two other persons are said to have assaulted the informant and his brother. Brother of the informant fell down on the ground sustaining injury and one country made pistol and two live cartridges and 5 liters of liquor were seized from the aforesaid place, while the petitioner managed to escape.

Patna High Court Cr.Misc. No.8404 of 2018 (02) dt.16-02-2018 2/ 2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He was not apprehended on the spot. He has been falsely implicated in this case due to dirty village politics. He has no concern with the seized incriminating articles. Though one case under Section 307 and allied Sections of the I.P.C. is pending against him but he is on bail in the said case. He has been languishing in custody since 13.10.2017.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned A.D.J.-VI, Saran at Chapra in connection with Sonepur P.S. Case No. 231 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T