Guddu Rajvansi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20084 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Guddu Rajvansi, S/O- Ghonsari Rajvansi R/O- Village- Arai, P.S.- Daudnagar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 15.10.2018 in a case registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act and Sections 3/4 of the Explosive Substance Act.

The prosecution case is that on the basis of confession of co-accused Gulshan Kumar, house of co-accused Sushila Devi was raided and five accused persons including the petitioner were apprehended and from the possession of the petitioner, a mobile phone was recovered whereas from the other co-accused persons, arms and other materials used for preparation of explosives were recovered.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.20084 of 2019(2) dt.02-04-2019 2/2 only on the basis of suspicion, the petitioner has been apprehended. 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 the petitioner was apprehended along with the other co-accused persons, from whose possession, arms and ammunition were recovered. Considering the fact that arms and ammunition were not recovered from the conscious physical possession of the petitioner and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-IV, Patna City, Patna in connection with Malsalami P.S. Case No. 356 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T