Anurag Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29400 of 2021 Arising Out of PS. Case No.-690 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== Anurag Raj Son of Bulaki Kahar @ Bulakiram Chandravanshi Resident of Village- Mubarakganj, P.S.- Sasaram Nagar, District- Sasaram ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sasaram (Town) P.S. Case No. 690 of 2020 instituted for the offences under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 4/5 of the Explosive Substances Act. Learned counsel for the petitioner submits that the petitioner is in custody since 18.10.2020, charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant received a secret information that some miscreants have assembled at the door of Krishna Kahar
Patna High Court CR. MISC. No.29400 of 2021(2) dt.23-11-2021 2/3 @ Challu Kahar and are making plan for committing dacoity. A raid was conducted and six persons were arrested at the spot including this petitioner and arms and ammunitions were recovered from their possession.
Learned counsel for the petitioner submits that no arms or ammunitions have been recovered from the possession of this petitioner rather the same has been recovered form the possession of co-accused. He further submits that accused similarly situated like present petitioner namely, Vicky Kumar @ Vikky Kumar @ Bikky Kumar and Raj Kishore Sharma @ Dharmendra Yadav have been granted bail by order dated 28.09.2021 in Cr. Misc. No. 35709 of 2021. Learned counsel further submits that co-accused Upendra Kumar @ Upendra Kahar has also been granted regular bail vide order dated 17.11.2021 in Cr. Misc. No. 24166 of 2021.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 18.10.2020, charge-sheet has been submitted in the case and similarly situated co-accused has been granted regular bail by this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand
Patna High Court CR. MISC. No.29400 of 2021(2) dt.23-11-2021 3/3 only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 690 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T