Rishi Kumar @ Rishi Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27619 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Rishi Kumar @ Rishi Bhagat son of Chhotelal Prasad @ Chhotelal Bhagat Resident of Village- Laxmipur, P.S.- Siwan Town, District- Siwan. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. C. Sen Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act.
Petitioner was caught with a motorcycle and one loaded katta as well as two live cartridges were recovered from his conscious possession. In course of investigation, it came to light that seized motorcycle belongs to one Ritesh Kumar. It also came to light that petitioner was made accused in four cases but at para3 of the petition it has specifically been pleaded by the petitioner that petitioner is not named in the cases which have been incorporated by the investigating officer in the case diary and up
Patna High Court Cr.Misc. No.27619 of 2016 (3) dt.17-09-2016 2/2 till now, he has not been remanded in those cases, except Hussainganj P.S. Case No. 181 of 2014. It is further submitted that petitioner is in jail custody since 09.01.2016 and the investigation against him has already been completed. It is further contended by him that so far as seized motorcycle is concerned, petitioner does not have any concern with the seized motorcycle nor the aforesaid motorcycle was recovered from conscious possession of the petitioner.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Muffasil (Mahadeva O.P.) P.S. Case No. 12 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T