Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67368 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Chandan Rai S/o Bishun Rai Resident of Village- Nazipur, P.S. Ahiyapur, 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. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Town P.S. Case No. 231 of 2018 (G.R. No. 482 of 2018) registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, under Section 25(1-b)a, 25 and 35 of the Arms Act and under Section 30(a), 38(2) of Bihar Prohibition and Excise Act, 2016.

Informant has alleged that while he was on patrolling duty he found that a mob has assembled and had surrounded a tempo and was assaulting a person caught by the mob and thereafter he was taken into the custody. People assembled there they said that the miscreants who were sitting in the

Patna High Court Cr.Misc. No.67368 of 2018(2) dt.27-11-2018 2/2 tempo had snatched 40 thousands rupees from a old person but after being chased by the public they fled away throwing away 40 thousand rupees which were given to the old man. The person apprehend was Arun Kumar disclosed the name of four other accused including the petitioner who were involved in the criminal act and one loaded country made pistol and two live cartridges were recovered from his possession and about 8 liters of liquor were recovered from the tempo. It is alleged that these criminals has assembled there for committing dacoity. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement made by co-accused. He was not arrested on spot. He is in custody since 16.04.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Town P.S. Case No. 231 of 2018.

(S. Kumar, J) Rajiv/ManojU T