Lalu Ray @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30081 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Lalu Ray @ Abhishek Kumar, son of Ramkalyan Ray, resident of VillageBasudeopur, P.S.- Mufassil, Dist- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Madhuri Kumari, Advocate Mr. Abhishek Anand, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Phulwaria P.S. Case No.169 of 2022 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

The accused/petitioner is named in the FIR and is in custody since 12.10.2022.

Allegation against the petitioner is to have in possession of two live cartridges along with four mobiles. It is submitted that the petitioner falsely implicated in this case as recovered two live cartridges not appears to be made from his conscious physical possession. It is submitted that seizure list is also disputed being not supported by

Patna High Court CR. MISC. No.30081 of 2023(3) dt.06-07-2023 2/2 independent witnesses rather by police personnels. While concluding argument, it is submitted that the petitioner found involved in two more cases, where he is on bail and moreover investigation of this case has been completed, for which, chargesheet has been submitted and, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer for grant of bail to the petitioner.

In view of above-mentioned facts and circumstances and by taking note of nature of allegation, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 12.10.2022, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Begusarai in connection with Phulwaria P.S. Case No.169 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T