Raja @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22571 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- GORAUL District- Vaishali ====================================================== RAJA @ RAJA BABU S/O RAJESH SINGH @ RAM NIVASH SINGH Resident of village- Mazirabad, P.S.- Goraul, District- Vaishali. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Learned counsel for the petitioner filed a supplementary affidavit in the Court.

Let it be kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act pending in the learned court below. As per the prosecution case, on secret information the informant along with other police personnel reached at the house of the petitioner and found 3 country made pistol which was kept in a Jhola behind the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He mentions in para-2 of his supplementary affidavit that

Patna High Court CR. MISC. No.22571 of 2023(4) dt.11-07-2023 2/2 the said land, from which the pistol was recovered, does not belong to the petitioner. He submits that the the said land belongs to his co-villagers, namely, Shyam Sundar Bhagat. He further submits that there is no any incriminating article has been recovered from the conscious possession or from the house of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that the said land does not belong to the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Goraul P.S. Case No.143/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.