Patna High CourtCR. MISC./8265/2020bail granted

Raju Kumar v. The State Of Bihar

2020-02-28Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8265 of 2020 Arising Out of PS. Case No.-229 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== RAJU KUMAR Son of Late Vifun Singh Residence of Mohalla - Jeevanchak, P.S.- Deedarganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indra Mohan Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Deedarganj P.S. Case no. 229/2019 registered under sections 25(I-b)A, IAA, 26(ii) and 35 of the Arms Act.

Prosecution case alleges recovery of large number of arms and spare parts used in manufacturing thereof from the house of one Baby Devi. She is said to have disclosed name of the petitioner and co-accused Basgit Kumar and Manish Kumar, who have since been allowed anticipatory bail in a proceeding arising out of Cr. Misc. no.75009/2019.

Petitioner claims parity as the allegations are one and the same.

Learned A.P.P. opposes the prayer for bail.

Patna High Court CR. MISC. No.8265 of 2020(2) dt.28-02-2020 2/2 Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Smt.Sushmita Kumari, Judicial Magistrate, Ist Class, Patnacity in Deedarganj P.S. Case no. 229/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) 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.

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

(Madhuresh Prasad, J) s.hassan/- U T