Ravindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33690 of 2022 Arising Out of PS. Case No.-480 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== RAVINDRA RAI S/o Late Sonelal Rai Resident of Village- Bhagwanpur Kainju,P.s.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindeswari Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, it is stated by the informant that the general public caught hold of the accused Naresh Sahni on whose search a fire arm was recovered. The said accused Naresh Sahni disclosed the name of the petitioner as the accused who managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article was recovered from his possession. The petitioner has been falsely implicated in the case. He is in

Patna High Court CR. MISC. No.33690 of 2022(5) dt.16-01-2023 2/2 custody since 22.11.2021 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner being in custody for more than a year since 22.11.2021 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Tajpur P.S. Case no. 480 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Additional Chief Judicial Magistrate-I, Samastipur. (Partha Sarthy, J) Shiv/- U T