Manager Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14981 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- SAHPUR District- Patna ====================================================== MANAGER RAI Son of Bhagwan Rai, Resident of Village-Didarganj, Police Station-Didarganj, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.06.2018 in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)a, 26 of the Arms Act.

The prosecution case got initiated on the basis of written report dated 04.06.2018 submitted by Vikash Chandra Yadav, S.I.-cum-S.H.O., Shahpur Police Station to the learned ACJM, Danapur, Patna is to the effect that after having received an information to the effect that some miscreants are preparing to commit dacoity, a raid was laid when six persons were apprehended with arms and ammunition and motorcycles. It is alleged that from the possession of the

Patna High Court CR. MISC. No.14981 of 2019(2) dt.13-03-2019 2/2 petitioner, one loaded country made pistol was recovered. It is submitted by learned counsel for the petitioner that now the investigation has already been concluded and the petitioner has remained in judicial custody for about nine months. Though he is accused in two other cases, apart from the present case, but he is on bail in both the cases. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the nature of recovery, the period under custody and the investigation already being concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Danapur, Patna in connection with Shahpur P.S. Case No. 165 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T