Brajesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6825 of 2017 Arising Out of PS.Case No. -71 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Brajesh Kumar Rai Son of Shri Kapil Dev Rai, R/o Nainaha, P.S.- Sadar Hajipur, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act, 1959.

It is alleged that two live cartridges along with a loaded pistol, axes and plastic masks are said to have been recovered from the vehicle of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.08.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that two live cartridges are said to have been recovered from the

Patna High Court Cr.Misc. No.6825 of 2017 (2) dt.06-03-2017 2/2 conscious possession of the petitioner and one pistol is said to have been recovered from the vehicle, in which, the petitioner was travelling.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. and after recovery of the arms, the petitioner has disclosed that he had planned to commit robbery. The petitioner has got four other criminal cases pending against him.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Patepur P.S. Case No. 71 of 2016, pending in the court of learned Additional Chief Judicial Magistrate-X, Vaishali at Hajipur.

(Sudhir Singh, J) Amit/- U T