Mundrika Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26261 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Mundrika Prasad Son of Ram Chandra Prasad, Resident of VillageRangila Bigha, P.S.- Nalanda, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Babita Kumari, Advocate Mr. Malay Kumar Choudhary, Adv For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

During conduction of raid against an accused relating to Nalanda PS Case No. 45/2017, the prosecution party came at the place of petitioner, seeing whom, two persons began to flee out of whom one was apprehended who happens to be the petitioner while remaining succeeded in his escape. It has further been disclosed that from a room occupied by his son, Birendra Prasad one NP Bore Rifle No. A/B 843038, 64 live cartridges, one live cartridge of SLR, two liver cartridges of .030 were seized. It has also been disclosed that house of one Dharam Raj has also been raided wherefrom forged and fake documents along with SBBL gun and 6 cartridges of 12 Bore were seized, for that two

Patna High Court Cr.Misc. No.26261 of 2017 (2) dt.01-07-2017 independent seizure lists were prepared.

Contention on behalf of petitioner is that the informant maliciously launched this prosecution against this petitioner because of the fact that he happens to be a licensee one and to substantiate the same a photo copy of the license has been furnished wherefrom it is evident that the license has been renewed for the year 2017 to 2019. Furthermore, it has also been submitted that with a malafide intention seizure of other cartridges have been shown in order to justify their illegal activity. Also submitted that petitioner happens to be under custody since 02.04.2017 having no criminal antecedent.

Learned APP opposed the prayer for bail.

In the aforesaid facts and circumstances of the case, petitioner, Mundrika Prasad is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st ClassNalanda in connection with Nalanda PS Case No. 47 of 2017. (Aditya Kumar Trivedi, J) perwez U T