Indrajeet Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.36502 of 2018 (4) dt.09-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36502 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Indrajeet Rai, Son of Late Bijay Shankar Rai, Resident of Village- Joga Musay alias Joga Musahib, P.S.- Karimuddinpur, District- Gazipur (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioner apprehends his arrest in Brahmpura P.S. Case No.22 of 2018 registered under Section 394 of the Indian Penal Code and under Sections 26 and 27 of the Arms Act. The informant filed Complaint Case No.2954 of 2017 and the same was sent to police station for registration and investigation on the basis of which present F.I.R. was registered. The informant alleged that the petitioner assured the informant to give him private job of Guard because the informant had got license of pistol. On the assurance of the petitioner, the informant went to Muzaffarpur where Ashok Singh asked him to sit in Scorpio. It is further alleged that Ashok Singh and two other persons robed his licensee pistol and other articles and dropped

Patna High Court Cr.Misc. No.36502 of 2018 (4) dt.09-07-2018 him on Sitamarhi road.

The learned counsel for the petitioner submits that the occurrence took place on 02.12.2017 in a broad-day light but the informant filed complaint case on 07.12.2017. True facts are that the complainant borrowed some money of the petitioner and when the petitioner demanded the same, the complainant filed this case making false allegation.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that the petitioner is not involved in robbing the complainant-informant, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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 Chief Judicial Magistrate, Muzaffarpur in connection with Brahmpura P.S. Case No.22 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T