Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16493 of 2019 Arising Out of PS. Case No.-344 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Raju Kumar, son of Shila Paswan @ Bhola Paswan, resident of VillageSarmastpur, Vishwakarma Chowk, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Sakra P.S. Case No. 344 of 2018 dated 03.08.2018 instituted for the offences under Sections 25(1-B) a, 26, 35 of the Arms Act.

The petitioner is alleged to have made attempts at concealing a firearm weapon in the house of the informant. Thereafter, an attempt was made by the petitioner to recover the same but with the arrival of the villagers, he ran away.

The learned counsel for the petitioner has submitted that the story narrated in the F.I.R is unbelievable. If the petitioner, an accused who was

Patna High Court CR. MISC. No.16493 of 2019(2) dt.15-03-2019 2/3 chased by the Police or public for being in possession of firearm and in the process of running away the petitioner had kept the firearm in the house of the informant, the informant ought to have immediately reported the matter to the Police or the local people. There is no justification for the informant to wait for the petitioner to come back again to recover his weapon. The story, thus, does not inspire confidence. There is no recovery from the possession of the petitioner and it is only on the basis of the statement made by the informant in the F.I.R that the present case has been lodged against him. Apart from the aforesaid facts, this Court notices that the petitioner does not have any criminal antecedents.

For the aforestated facts, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties

Patna High Court CR. MISC. No.16493 of 2019(2) dt.15-03-2019 3/3 of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IVth, Muzaffarpur in connection with Sakra P.S. Case No. 344 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T