Patna High CourtCR. MISC./15996/2024allowed

Bijendra Rai @ Bijednra Ray @ Vijendra Rai v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15996 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Bijendra Rai @ Bijednra Ray @ Vijendra Rai son of Vishwanath Ray Resident of Village- Baruna Rasalpur Ward No 07, Ps- Sarairanjan DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1b)a, 26, 35 of the Arms Act.

3. As per FIR, the prosecution case relates to recovery of one country made pistol, four live cartridges, one foldable knife, one motorcycle and one mobile phone from the possession of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has

Patna High Court CR. MISC. No.15996 of 2024(2) dt.12-03-2024 2/2 no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that as Para-9, recovered motorcycle belongs to the petitioner. He is languishing in judicial custody since 18.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Sarairanjan P.S. Case No. 290 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Samastipur.

(Sunil Kumar Panwar, J) Manishkr/- U T