Som Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17029 of 2016 Arising out of PS.Case No. -333 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Som Narayan Rai, son of Lallan Rai, resident of village- Saina, P.S.- Shivsagar, District- Rohtas, Sasaram.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : Mr. Binod Kumar-III(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.03.2016 in connection with Sasaram Town P.S. Case No. 333 of 2016 for the offences instituted under Sections 3⁄4 of the Explosive Substances Act.

The prosecution story, in brief, is that on 08.03.2016 at about 10.00 P.M., the informant alongwith police patrolling party proceeded on old G.T. Road for vehicles checking. During the said period, one motorcycle alongwith two persons came there from towards Dharmashala Chauk. After seeing the police party, they tried to flee away but they held with the help of police party and in absence of private witness, the body was searched in presence of the police party as per follow the rule of searching. During the period of searching, one person, namely, Vikash Singh sat on the

Patna High Court Cr.Misc. No.17029 of 2016 (3) dt.23-05-2016 2/2 motorcycle and thereafter 50 detonators have been recovered from possession of Vikash Singh under T-Shirt. After asking the name from both miscreants took their name i.e., Som Narayan Rai and Vikash Singh on which they have not produced any paper regarding the detonators and motorcycle is registered in the name of their friend Vikrant Kumar and the number of the said Apachi Motor Cycle is BR-24K-1167.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 09.03.2016. There is no recovery of any incriminating article from possession of the petitioner. Recovery of incriminating article is from possession of one Vikash Singh. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram in connection with Sasaram Town P.S. Case No. 333 of 2016.

U.K./- (Sudhir Singh, J) U T