Raj Kumar Saw @ Fekku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15970 of 2022 Arising Out of PS. Case No.-227 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Raj Kumar Saw @ Fekku Son Of Late Dev Narayan Saw Resident Of Village - Purani Bazar, Bakhtiyarpur, P.S.- Bakhtiyarpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Angesh Kumar Ray For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 414, 412 of the Indian Penal Code and Sections 25(1-B), a/26 Arms Act.

The allegation as per prosecution case is that informant got a secret information that one wanted criminal Raj Kumar Saw @ Fekku, the petitioner is at Bibhuti Gali, Bakhtiyarpur. Thereafter, the informant went along with other police personnel at the spot and apprehended the petitioner. From the possession of the

Patna High Court CR. MISC. No.15970 of 2022(7) dt.27-03-2023 2/3 petitioner, one loaded country-made pistol, one live cartridge and cash of Rs. 1,40,000/- were recovered. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is an autorickshaw driver and he denies the recovery of country made pistol and cartridge from his possession. So far as recovery of cash of Rs. 1,40,000/- is concerned, a supplementary affidavit has been filed to the effect that the petitioner taken the aforesaid amount as loan from his relatives. The details of which have been mentioned in paragraph No. 2 of the supplementary affidavit. The petitioner is languishing in custody since 26.09.2020. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.15970 of 2022(7) dt.27-03-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 227 of 2020.

(Sunil Kumar Panwar, J) Ayush Tripathi/- U T