Raju Kumar Chaudhary @ Raju Chaudhary @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80100 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Raju Kumar Chaudhary @ Raju Chaudhary @ Raju Kumar, Son of Lakhan Chaudhary, Resident of Village- Hario, P.S.- Magadh Medical, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate.

For the Opposite Party/s :

Mr. Umeshnand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Magadh Medical P.S. Case No. 203 of 2018, instituted for the offence under Section(s) 399, 402 of the Indian Penal Code, Sections 25(1-b), 26 and 35 of the Arms Act.

It is alleged in the written report that police during patrolling duty learnt that wall of ATM Booth of HDFC Bank near Chapardah More has fallen down and some persons in Scorpio Jeep are sitting there. On suspicion, petitioner and other accused persons as named in the written report were taken into custody. It is further alleged that police recorded confessional statement of this petitioner and, thereafter,

Patna High Court Cr.Misc. No.80100 of 2018(2) dt.24-01-2019 2/2 searched his house. It is further alleged that from the Godrej Almirah kept in the house of the petitioner, one country made pistol and two live cartridges have been recovered. Counsel for the petitioner submits that petitioner has been implicated in the instant case merely on suspicion. He is in custody since 28.8.2018.

From the written report it appears that there is no recovery from conscious possession of this petitioner. The court below has mentioned in the impugned order that one country made pistol and two live cartridges have been recovered from house of the petitioner. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya, in connection with Magadh Medical P.S. Case No. 203 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. S.Ali/- (Sanjay Priya, J) U T