Rajesh Rai @ Rajesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25643 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== RAJESH RAI @ RAJESH RAY S/O LILA RAY R/O VILLAGE- BARUNA, RASALPUR, P.S- TAJPUR, DISTT.- SAMASTIPUR.
... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad , Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 25(1-B), (a), 26, 35 of the Arms Act. of the Indian Penal Code.
3. As per the prosecution case, on secret information, a raid was conducted by the informant along with the police party in the house of one co-accused Md. Nasir who is trader of illegal fire arms. It is further alleged that there was a recovery of country made 9 mm fire arms, mobile and motorcycle from the house of co-accused Md. Nasir and thereafter some of
Patna High Court CR. MISC. No.25643 of 2023(2) dt.13-07-2023 2/2 apprehended accused person disclosed the name of absconding accused as Rajesh Rai (petitioner).
4. It is submitted that petitioner has been made in accused in this case on the confessional statement of other coaccused persons. Nothing has been recovered from conscious possession of the petitioner.
5. Learned counsel for the State opposes the prayer for bail and submits that this petitioner has got five other criminal antecedent and some of them are of similar nature.
6. Considering the the fact that petitioner has got five criminal antecedents, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Kaushik/- U T