Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33278 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Md. Raju Son of Md. Shakir @ Sakir Resident of Village- Haripur Tola Bhal Patti, Ward no. 1, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504 and 506 of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

Petitioner is said to have slated the informant descending at his shop and pointed pistol on him but he was apprehended along with the pistol by the informant and locals in the course of chasing and said pistol was handed over to the police by the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.33278 of 2019(2) dt.20-05-2019 2/2 animosity. No incriminating article has been recovered from the conscious physical possession of the petitioner. Moreover aforesaid pistol was not recovered and seized from the possession of the petitioner by the police rather by the informant and no cartridge has been recovered from his possession. Hence aforesaid pistol without cartridge is of no use. Petitioner has no criminal antecedent and has been languishing in custody since 19.02.2019.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 150 of 2019.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T