Patna High CourtCR. MISC./14605/2019dismissed

Devraj Rai v. The State Of Bihar

2019-05-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14605 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- SAHPUR District- Patna ====================================================== DEVRAJ RAI S/o Late Deweshawar Ray @ Lt. Ishwar Prasad Resident of Sarai, Hathiya Kand Bandhu Tola, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 This application, for grant of anticipatory bail, arises out of Shahpur P.S. Case No. 322 of 2018, disclosing offences under Section 25(1-b)d/26/35 of the Arms Act. Allegation as per F.I.R. is that a mini gun factory has been unearthed by the police said to be running in the house of the co-accused Awadhesh Rai, from where, several arms and ammunition were recovered and the said co-accused disclosed the name of petitioner as his associate. Apart from that petitioner is an accused in three more cases. Submission of learned counsel for the petitioner is that nothing has been recovered either from the possession or from the house of the petitioner and save and except confessional statement of co-accused there is nothing against the petitioner.

Patna High Court CR. MISC. No.14605 of 2019(5) dt.01-05-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances as well as the fact that petitioner is an accused in three more cases, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T