Patna High CourtCR. MISC./747/2020bail granted

Monu Kumar Rai @ Pravin Kumar Rai v. The State Of Bihar

2020-01-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 747 of 2020 Arising Out of PS. Case No.-306 Year-2019 Thana- BALIYA District- Begusarai ====================================================== MONU KUMAR RAI @ PRAVIN KUMAR RAI S/o Maheshwar Rai Resident of Village- Sadanandpur, P.S.- Balia, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Balia Police Station (for brevity, PS) Case No 306 of 2019 instituted for the offence punishable under Section (s) 25 (1-B) A, 26 of Arms Act. Since 11.08.2019, petitioner is in custody in the instant case. Allegation is that when the informant proceeded to investigate presence of an accused of Balia PS Case No 288 of 2019 near a Milk Centre, the petitioner started fleeing away. It is alleged that he was apprehended and one loaded country made pistol and one live cartridge was recovered from him. Learned counsel for the petitioner submits that it is a case of false implication. Recovery is denied and it is submitted that

Patna High Court CR. MISC. No.747 of 2020(2) dt.18-01-2020 2/2 the same is in violation of procedure prescribed under Section 100 of Criminal Procedure Code. Further submission is that petitioner is already on bail in Balia PS Case No 288 of 2019. Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Balia PS Case No 306 of 2019 subject to the following conditions:- (i) 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.

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

(Madhuresh Prasad, J) M.E.H./- U T