Sujeet Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23685 of 2020 Arising Out of PS. Case No.-555 Year-2019 Thana- BARH District- Patna ====================================================== Sujeet Rai, aged about 35 years, Son of Late Naresh Rai, Resident of Village - Pachhiyari Malahi, P.S.- Barh, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyanendra Kumar Singh, Advocate For the State :
Mr.Ajay Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Barh P.S. Case No. 555 of 2019 registered for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.
The prosecution case, in brief, as contained in selfstatement of S.H.O., Barh, namely, Sanjit Kumar, that on dated 14.11.2019 at about 2:00 A.M., he got a secret information on telephone that some miscreants are planning to commit dacoity after calling of Sujit Rai village Achuara N.H.31, thereafter, he proceeded along with police force and reached there at about 2:45 A.M., then saw a white colour Bolero vehicle inside the road. Some persons have tried to fled away after seeing the
Patna High Court CR. MISC. No.23685 of 2020(3) dt.19-10-2020 2/3 police party but five persons have arrested at the spot by the police force, who has stated their name as Sujit Kumar, Pappu Yadav, Bipin Kumar, Shree Krishan Singh and Vikram Kumar when, they have searched, one loaded pistol seized from Sujit Rai also one .315 bore cartridge, mobile and cash. When the petitioner, Pappu Yadav searched, then one country made pistol seized from his waist in which, one cartridge loaded. One Micromax Company mobile and cash Rs.4,000/- also seized from his possession. They have not produced any valid paper about the arms and also not produced the paper regarding Bolero vehicle bearing Registration No.BR9-P2356. They have stated that Sujit Rai has called them for robbery to iron loaded truck.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that similarly situated co-accused has been granted bail by this Co-ordinate Bench of this Court. He further submits that one loaded country made pistol has been recovered from possession of the petitioner and the petitioner is in jail custody since 16.11.2019.
Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the
Patna High Court CR. MISC. No.23685 of 2020(3) dt.19-10-2020 3/3 above named petitioner be enlarged on bail on 08.11.2020 on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh in connection with Barh P.S. Case No. 555 of 2019.
(Anjani Kumar Sharan, J) Nasimul/- U T