Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30140 of 2020 Arising Out of PS. Case No.-286 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Raja Kumar aged about 20 yrs, Male, son of Baidya Nath Rai, resident of village- Bathaul, P.S.- Nanpur, District- Sitamarhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Bela Singh For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2020 Heard Mrs. Bela Singh, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Katra P.S. Case No. 286 of 2019, G.R. No. 6641 of 2019 registered for the offence under Section 399 , 402 , 414 of the I.P.C., Section 3⁄4 of the Explosive Substances Act and Section 25 (1B) a , 26 & 35 of the Arms Act. The allegation as per the First Information Report is that Police got secret information that one Uttam Rai along with his gang members have assembled and were planning to commit offence, proceeded towards the place of occurrence and arrested three persons including the petitioner and three of the accused persons succeeded in fleeing away. The police recovered one
Patna High Court CR. MISC. No.30140 of 2020(2) dt.27-11-2020 2/3 loaded country made pistol from Shobhit Rai along with T.V.S. Apache motorcycle and also on indication of the co-accused Uttam Rai recovered live 09 country made bombs from his house and also recovered one loaded country made pistol from possession of Uttam Rai.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and at best he was a member of the unlawful assembly. Learned counsel further submits from Shobhit Rai from whose possession country made pistol has been recovered has been granted bail by this Court vide Cr. Misc. No. 21782 of 2020. On the other hand, learned counsel for the State submits that petitioner has got criminal antecedent as such he does not deserve the privilege of bail.
Having heard learned counsel for the parties and taking into consideration the materials available on record, I am inclined to grant regular bail to the petitioner upon completion of one year in custody.
Accordingly, let the petitioner, above named, be released on regular bail upon completion of one year in custody on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.30140 of 2020(2) dt.27-11-2020 3/3 satisfaction of learned Additional Chief Judicial Magistrate, 14th, Muzaffarpur in connection with Katra P.S. Case No. 286 of 2019, G.R. No. 6641 of 2019.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T