Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4648 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== UMESH RAI Son of Late Indradev Rai Resident of Village- Sakhnauli, P.S.- Awatar Nagar, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 25(1-b)a/26 of the Arms Act.

As per the prosecution case, one Devendra Roy was lying on a chouki in an unconscious condition near the house of this petitioner and blood was oozing from his leg and a countrymade double barrel pistol alongwith two cartridges were found near him.

Petitioner is not named in the F.I.R. and his name transpired during course of investigation. Learned counsel for the petitioner next submits that as a matter of fact, Devendra Kumar and others came at the door of petitioner with arms, out of them, Devendra Kumar was caught with arms and the petitioner and his family members informed the police, but subsequently, petitioner has been made accused in this case. No

Patna High Court CR. MISC. No.4648 of 2023(2) dt.13-04-2023 2/2 arms or ammunition has been recovered from the possession of this petitioner.

Considering the same, the prayer for anticipatory bail of petitioner is allowed. In the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (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 Awatar Nagar P.S. Case No. 110 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T