Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42626 of 2018 Arising Out of PS.Case No. -190 Year- 2018 Thana -RUPASPUR District- PATNA ====================================================== Md. Raju,, Son of Md. Saffique, R/o Renter in the House of Chand Mian situated at Naya Tola, P.S.-Phulwarisharif, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Singh For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 400, 402 and 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 30(1), 38(2) and 41 of the Bihar Prohibition and Excise Act, 2016. Petitioner along with other accused persons are said to have flocked at the place of occurrence to make plan to commit dacoity and the petitioner and other accused persons were apprehended. From the possession of the co-accused, Noor Alam, one loaded country made pistol and a live cartridge were seized while 10 litres of country made liquor was seized from the Sumo Car parked there.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.42626 of 2018 (2) dt.16-07-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the aforesaid occurrence. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 13.05.2018. Similarly situated co-accused, namely, Raju Nat has been enlarged on bail by a co-ordinate bench of this court vide order dated 12.07.2018 passed in Cr. Misc. No. 40632 of 2018. Considering the facts aforesaid, the above named petitioner 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 the learned Special Judge, Excise, Patna in connection with Rupaspur P.S. Case No. 190 of 2018.

, (Prakash Chandra Jaiswal, J) Mishra/- U T