Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24296 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== RAJU SAH Son of Late Shivpujan Sah Resident of Village - Laxmipul Bari Tola, P.s.- Sathi, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Section 37(c) of the Bihar Excise Act read with Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 02.02.2022, charge-sheet has been submitted in the case and has antecedent of two cases. Allegation is of recovery of one country-made pistol from the petitioner in a drunken state.

Learned counsel for the petitioner submits that the petitioner was falsely implicated in the present case, neither he was drunken nor any country-made pistol was recovered from his possession as the search and seizure was not made in

Patna High Court CR. MISC. No.24296 of 2022(2) dt.20-05-2022 2/2 accordance with law.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that allegation is of recovery of a country-made pistol from the possession of the petitioner and that too in a drunken state.

Considering the fact that the petitioner is in custody since 02.02.2022 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shikarpur P.S. Case No. 79 of 2022 with a condition that one of the bailors of the petitioner shall be his close relatives.

The petitioner shall be released after framing of charges.

(Satyavrat Verma, J) Rishi/- U T