Devendra Ray @ Devendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39918 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -BOCHHA District- MUZAFFARPUR ====================================================== Devendra Ray @ Devendra Kumar Rai S/o Mundrika Rai Resident of village- Bathana P.s Motipur Distt Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26(II) and 35 of the Arms Act and 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

As per prosecution case, on getting secret information S.H.O. of Bochaha police station along with police force proceeded for Aadil Gopalpur- Kashirampur. There they apprehended two persons, who were found sitting in a Bolero vehicle and some incriminating articles were recovered from them. They disclosed the names of other associates including petitioner. It has been submitted on behalf of the petitioner that he is in custody since 16.4.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. From possession of the petitioner one country made pistol and two live cartridges are said to have been recovered. So far as Ativan tablets are concerned, same is said to have been

Patna High Court Cr.Misc. No.39918 of 2015 (3) dt.13-10-2015 2 / 2 recovered from the Desk Board of the car in question. Petitioner has denied the recovery of arms from his possession. Other coaccused have been granted bail vide Cr. Misc. no. 28437 of 2014 and Cr. Misc. no. 38196 of 2015.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Muzaffarpur, in connection with Bochaha P.S. Case no.58 of 2015.

(Sudhir Singh, J) sudip/- U T