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Patna High CourtCR. MISC./48713/2014bail granted

Sunil Kumar Rai v. The State Of Bihar

2015-03-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48713 of 2014 Arising Out of PS.Case No. -98 Year- 2014 Thana -MATIHANI District- BEGUSARAI ====================================================== Sunil Kumar Rai, Son of Shree Ram Rai @ Ram Kumar Rai, Resident of village - Chakbali, P.S. Matihani, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Kumar, Advocate. For the Opposite Party/s : Mr. M.K. Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 03-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in Matihani Police Station Case No.98 of 2014 registered under Sections 25(1-b) a, 26 and 35 of the Arms Act.

The allegation is that on being apprehended by the police, one loaded country made pistol was recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that at the instance of the local Mukhiya of Ramdiri Panchayat, the petitioner has falsely been implicated in this case with an allegation of keeping the loaded country made pistol and

Patna High Court Cr.Misc. No.48713 of 2014 (2) dt.03-03-2015 2/2 also in another case bearing Matihani Police Station Case No.97 of 2014 for attempting to commit the murder of the local Mukhiya of Ramdiri Panchayat. In fact, the Mukhiya of the said Panchyat had grudge with the petitioner and he, anyhow, managed to falsely implicate the petitioner in both the cases. The petitioner, in the present case, is in custody since 01.08.2014. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Mathihani Police Station Case No.98 of 2014. Out of the two sureties, one must be either parents or close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T