Amar Rai @ Amar Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2857 of 2025 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== Amar Rai @ Amar Nath Rai S/o Ram Lal Rai @ Ram Lall Rai R/o VillageSuwarmarwan Tata Colony Madhopur, P.S.- Maner, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioner is in custody in a case registered for an offence punishable under Sections 147, 148, 149, 447, 307, 386, 379, 504, 506, 120B of the Indian Penal Code and Sections 25(1B)a/26/35/27 of the Arms Act.

3. As per allegation in the FIR, on the night of 30.09.2023 and 01.10.2023 informant got information that some persons were illegally mining sand at Suarmarwa Sone Ghat. It is further alleged that when informant reached there, some accused persons tried to flee away and nine accused persons were apprehended, who, disclosed the name of the petitioner and other co-accused persons. Some country made firearms and cartridges were also recovered from the apprehended persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that similarly situated co-accused persons have

Patna High Court CR. MISC. No.2857 of 2025(3) dt.21-02-2025 2/2 already granted bail in Cr. Misc. Nos. 5045 of 2024, 6619 of 2024, 73077 of 2024, 15387 of 2024, 16557 of 2024, 18078 of 2024, 18302 of 2024. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 22.08.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the fact that similarly situated co-accused persons have already granted bail. Let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, V, Danapur, Patna in connection with Sessions Trial No.1490 of 2024 of Maner P.S. Case No. 709 of 2023.

(Ramesh Chand Malviya, J) Harshita/- U T