Dinesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13864 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== DINESH RAI, aged about 35 years, Male, Son of Matwar Rai, Resident of Village - Rampur, Binda Lal Mathiya, Tola, Mathiya, P.S.- Ekma, Distt - Saran at Chapra ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Chandra Mohan Jha, Adv.
For the Opposite Party :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 74 of 2019, registered under Sections 25(1b)A, 26 and 35 of the Arms Act. The accusation is that in course of patrolling duty, one person was seen coming on motorcycle. On giving the signal to stop the motorcycle, the person tried to flee away in fast speed, but, on chase he was apprehended, who disclosed his name Pradeep Rai. On search, one country made pistol and two live cartridges were recovered from the possession of the petitioner. On query, it is disclosed that the country made pistol was supplied by the petitioner.
Submission is that it would appear from the first information report that nothing was recovered from the
Patna High Court CR. MISC. No.13864 of 2020(2) dt.03-03-2020 2/2 possession of the petitioner rather co-accused, Pradeep Rai, disclosed, on query by the informant that pistol and cartridge recovered from his possession is supplied by this petitioner. The petitioner has no criminal antecedent and is in custody since 13.01.2020.
Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Janta Bazar P.S. Case No. 74 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, V, Saran at Chapra. (Rajendra Kumar Mishra, J) Shamshad/- U T