Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25102 of 2021 Arising Out of PS. Case No.-709 Year-2020 Thana- MAHUA District- Vaishali ====================================================== ROHIT RAJ S/o Raj Kuamr Das R/o village- Mansingpur, Fatehpur, Phulwaria, P.S.- Sarai, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-A), 25(1-AA), 25(1-B)(a), 26(1)(2)(3) and 35 of the Arms Act. As per the prosecution case, on a raid being conducted, it is stated that the arms and ammunitions and various utensils used in manufacture of arms were recovered from the house of Sunny Kumar and the accused persons including the petitioner herein were taken into custody. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From the FIR itself it would be evident that no incriminating article has been recovered from his possession. He is in custody since

Patna High Court CR. MISC. No.25102 of 2021(2) dt.16-09-2021 2/2 18.12.2020 and has no criminal antecedent.

With respect to the urgency in the case, it is stated that from the contents of the supplementary affidavit it would transpire that the grand father of the petitioner died on 5.9.2021 and his father is partially paralyzed.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Mahua P.S. Case no. 709 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Prakash/- U