Guddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71101 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- MANER District- Patna ====================================================== GUDDU RAI Son of Bihari Rai Resident of Village - Nilkanth Tola Gauraiya Asthan, P.S.- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.04.2019 in connection with Maner P.S.Case No. 201 of 2019 for the alleged offences under Sections 25(1-b) a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the recovery of two countrymade rifles, three used cartridges and two live cartridges from the house of co-accused Bihari Rai. It is submitted that no recovery of any arms has been made from the conscious possession of the petitioner. Similarly situated co-accused have been granted bail by this Court in Cr. Misc. No. 69082 of 2019 and Cr. Misc. No.77258 of 2019 respectively. The petitioner has already suffered more than seven months in custody since 22.04.2019. The petitioner is accused in one prior case of different nature.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten

Patna High Court CR. MISC. No.71101 of 2019(2) dt.11-12-2019 2/2 thousand) with two sureties of the like amount each to the satisfaction of Miss Nutan Kumari, learned J.M. 1st Class, Danapur in connection with Maner P.S. Case No. 201 of 2019, on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T