The Patna High Court granted bail to Raj Kumar Rai in Ahiapur P.S. Case No. 727 of 2017 involving offences under the Arms Act and N.D.P.S. Act. Bail was granted subject to conditions regarding sureties and attendance.
Released on bail upon furnishing bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.72441 of 2018
Arising Out of PS. Case No.-727 Year-2017 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Raj Kumar Rai, S/o Ganesh Rai Resident of Village-Pathal Ghat, Manoharpur, P.S.-Patauri, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhirendra Kumar Sinha For the Opposite Party/s : Mr.Sri Satyavarat Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 20-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Ahiapur P.S. Case No. 727 of 2017 registered for the offence punishable under Sections25(1b)a (1-AA), 25(1-AAA)26(ii), 35 of the Arms Act & 8/20, b(ii) (B) of N.D.P.S. Act, 30(a) of the Bihar Prohibition & Excise Act, 2016.
As per allegation seven accused persons including the petitioners were sitting in a car from which about 21 kg. Ganja, 9lt. Foreign liquor and one country made pistol and 5 live cartridges were recovered.
It has been submitted on behalf of the petitioner the petitioner has no criminal antecedent and similarly placed coaccused have already been granted bail, as contained in Annexure 2 and 2/A. Petitioner is in custody since 10.09.2017.
Patna High Court Cr.Misc. No.72441 of 2018(3) dt.20-12-2018 2/2
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Excise, Muzaffarpur, in connection with Ahiapur P.S. Case No. 727 of 2017 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner entitled to bail in the N.D.P.S. and Arms Act cases despite recovery of rechargeable cartridges.
3 provisions across 3 enactments
Raj Kumar Rai
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
