Hazari Rai @ Hajari Rai @ Hajari Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28732 of 2020 Arising Out of PS. Case No.-182 Year-2020 Thana- SAHPUR District- Patna ====================================================== HAZARI RAI @ HAJARI RAI @ HAJARI RAY Son of Vakil Rai R/o Sherpur, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate.

For the Opposite Party/s :

Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 25 (1-b)a & 26/35 of the Arms Act.

The prosecution case, in brief, is that while the

Patna High Court CR. MISC. No.28732 of 2020(2) dt.12-11-2020 2/3 informant along with the police force, in course of patrolling duty, reached Shankarpur Diyara, Phutani Bazar, after seeing the police party, the petitioner along with other co-accused tried to escape but any how the police party apprehended them and from the possession of the petitioner two live cartridges are said to have been recovered.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case by the police while he was passing through the place of occurrence at the time of occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is also submitted that the cartridge without the firearm is of no use. The petitioner has no criminal antecedent as stated in paragraph3 of this bail application and has been languishing in custody since 20.05.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after verifying the fact that he has no criminal antecedent, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.28732 of 2020(2) dt.12-11-2020 3/3 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Danapur in connection with Shahpur P.S. Case No.182 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U