Allowed

Naga Rai @ Nandlal Rai v. The State of Bihar

Patna HC17 Nov 2022CR. MISC./41650/2022

Case brief

AI extract

What is this about?

In a bail application regarding offenses under the IPC and Arms Act, the High Court allowed the release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties subject to specific conditions.

What did the court decide?

Release on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each, subject to conditions of attendance and non-tampering.

Naga Rai @ Nandlal Rai Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41650 of 2022

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Arising Out of PS. Case No.-80 Year-2021 Thana- SONEPUR District- Saran

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

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NAGA RAI @ NANDLAL RAI S/O RAMPANNI RAI Resident of VillageNazarmira, Semar Tal, P.S.- Sonepur, District- Saran.

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Manish Chandra Gandhi For the Opposite Party/s : Mr.Rajendra Nath Jha

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

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 17-11-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Sonepur P.S. Case No. 80 of 2021 registered for the offences punishable under Sections 401, 413, 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

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As per prosecution case, informant being S.H.O. of Sonepur police station got information that a gang of thieves armed with arms and ammunition assembled near Dudhaila Math and they are trying to steal. It is alleged that some of the persons started fleeing away having seen the police team but one of them was apprehended. Upon interrogation apprehended

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Patna High Court CR. MISC. No.41650 of 2022(2) dt.17-11-2022 2/4

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person disclosed his name as Anand Kumar and also disclosed the name of absconded persons including the petitioner. It is further disclosed by him that petitioner is master mind of the gang. It is further alleged that 120 mg smack, one country made loaded pistol, one bhujali , small knife and mobile set have been recovered from the possession of co-accused Anand Kumar.

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Learned counsel for the petitioner submits that petitioner is in custody since 25.06.2021 and bears criminal antecedent of five cases in which in two cases his name has been surfaced upon the confessional statement of co-accused. He further submits that petitioner is neither apprehended on the spot in the present case nor any incriminating article has been recovered from his possession. There is no compliance of Section 100(4) of the Cr.P.C. It is further submitted that prior to the present case there were only three cases against the petitioner but in none of these three cases petitioner was arrested on the spot or any material was recovered from his conscious possession. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Patna High Court CR. MISC. No.41650 of 2022(2) dt.17-11-2022 3/4

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Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Sonepur P.S. Case No. 80 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(iv) Petitioner shall furnish mobile number at the

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Patna High Court CR. MISC. No.41650 of 2022(2) dt.17-11-2022 4/4

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time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month.

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(v) Petitioner shall not leave the territorial jurisdiction of the concerned trial court without appropriate permission of the court concerned.

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(vi) However, if petitioner violates any of the conditions enumerated above, the trial court is at liberty to cancel the bail bond of the petitioner.

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(Alok Kumar Pandey, J)

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shahzad/-

Naga Rai @ Nandlal Rai v. The State of Bihar

Case brief

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Naga Rai @ Nandlal Rai v. The State of Bihar

Case brief

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