Allowed

Shankar Rai v. The State of Bihar

Patna HC8 Apr 2022CR. MISC./13709/2022

Case brief

AI extract

What is this about?

The Patna High Court, in an oral order, granted bail to the petitioner who was in custody for nearly five months. The court observed the petitioner's clean antecedents, the submission of the charge-sheet, and the allegation of false implication, directing release on bail.

What did the court decide?

The petitioner was directed to be released on bail by furnishing bail-bonds of Rs. 25,000 with two sureties of like amount, one of whom must be his father.

Shankar Rai Vs The State of Bihar — Specific Performance | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13709 of 2022

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Arising Out of PS. Case No.-735 Year-2021 Thana- KANTI District- Muzaffarpur

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======================================================

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Shankar Rai S/O- Faujdar Ray Resident Of Village- Harchanda, P.S.- Kanti (Panapur O.P.), District- Muzaffarpur.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Tapeshwar Sharma ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-04-2022

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The learned counsel for the petitioner is permitted to

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make rectification in Para-1 of the bail application by Tuesday.

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Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

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The petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code, Section 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner is in custody since 21.11.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

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Allegation is of recovery of 02 litre of liquor, one country-made pistol, one gun and some other articles from the

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Patna High Court CR. MISC. No.13709 of 2022(2) dt.08-04-2022 2/3

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house of the petitioner.

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The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The house is a joint family property and the police has falsely alleged about recovery of gun and one country-made pistol. The learned counsel further submits that petitioner has remained in custody for nearly more than five months.

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The learned counsel submits that petitioner is a person with clean antecedent and even presuming what has been alleged against him is true, then it is his first offence and if the petitioner remains in custody, he will come in contact with criminals which may affect him adversely.

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Learned A.P.P. opposes the bail application.

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Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and taking into consideration the submission of learned counsel for the petitioner that it is his first offence, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kanti (Panapur O.P.) P. S.

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Patna High Court CR. MISC. No.13709 of 2022(2) dt.08-04-2022 3/3

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Case No.735 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Faujdar Ray. Further, if it comes to the notice of the learned Court below that petitioner has been involved in a case of similar nature, the learned Court below shall forthwith cancel his bail bonds.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

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U T

Shankar Rai v. The State of Bihar

Case brief

What is this about?

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Shankar Rai v. The State of Bihar

Case brief

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