Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4729 of 2020 Arising Out of PS. Case No.-387 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== MANTU RAI Son of Awadhesh Rai Resident of Village - Nuaon (Hawai Adda), P.S.- Buxar (M), Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (Muffasil) P.S. Case No. 387 of 2018 for the offence registered under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding the Police having received secret information that some criminals were moving on a four wheeler vehicle and thereafter they saw that two vehicles were coming from the side of Buxar whereafter they had signalled to stop the vehicles, however, the second vehicle managed to escape. On search of the vehicle apprehended by the Police, one country made pistol and one cartridge was recovered and upon enquiry from the arrested accused persons, it transpired that the petitioner was the person travelling in the other vehicle along with other

Patna High Court CR. MISC. No.4729 of 2020(2) dt.23-01-2020 2/2 accused persons.

The learned counsel for the petitioner has submitted that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 31.07.2019 passed in Criminal Misc. No. 33318 of 2019.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner as also considering the parity of the case of the petitioner with that of the co-accused person who has already been granted bail, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 387 of 2018 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T