Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20458 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- PATNA RAIL P.S. District- Patna ====================================================== MANTU RAI, Son of Lalji Prasad, Resident of Naththupur, Purwari Tola, P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 19.09.2018 in a case registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

The prosecution case is that from the possession of the petitioner, two country made pistols and three live cartridges were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case and investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that recovery has been made from the conscious physical possession of the petitioner and he is named in the FIR.

Patna High Court CR. MISC. No.20458 of 2019(2) dt.03-04-2019 2/2 Considering the fact that investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released 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 ACJM, Railway, Patna in connection with Rail Patna Junction (Banka Ghat) P.S. Case No.330 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T