Brajesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51514 of 2017 Arising Out of PS. Case No.-71 Year-2016 Thana- PATEPUR District- Vaishali ====================================================== Brajesh Kumar Rai S/o Shri Kapil Dev Rai R/o Nainaha P.S. Sadar Hajipur, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. AJAY KUMAR -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Patepur P.S. Case No. 71 of 2016 instituted for the offence under Sections 25(1B)(a), 26 and 35 of the Arms Act.

Earlier the bail application of the petitioner was rejected vide Annexure-P/1 to the present application with an observation at this stage.

A report was called for from the Court below regarding the stage of the case. It has been reported that out of 12 prosecution witnesses, eight have been examined.

It has been submitted that investigation is still pending against the other co-accused. The petitioner is in custody since 18.8.2016. He has remained in custody for one and a half years.

Patna High Court Cr.Misc. No.51514 of 2017(4) dt.07-02-2018 2/2 There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that two live cartridges were recovered from the possession of the petitioner and one pistol was recovered from the vehicle in question in which the petitioner was travelling.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the period of custody already undergone by the petitioner, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Vaishali at Hajipur in connection with Patepur P.S. Case No. 71 of 2016. (Sudhir Singh, J) Pankaj/- U T