Ram Lal Rai @ Kariya @ Mukhiya @ Satya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38138 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- MANER District- Patna ====================================================== Ram Lal Rai @ Kariya @ Mukhiya @ Satya Kumar Son Of Raktu Rai Resident Of Village - Suarmarwa, P.S. - Maner, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 882 of 2023 instituted for the offences under Sections 379, 386, 120B of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of country-made pistol and live cartridges from the possession of co-accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has come into light on the basis of confessional statement of apprehended co-

Patna High Court CR. MISC. No.38138 of 2024(2) dt.17-05-2024 2/3 accused, which has got no evidentiary value in the eyes of law. Petitioner has no concern with the seized arms and cartridges. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has got three criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Maner P.S. Case No. 882 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and Subject to following conditions:

(i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.38138 of 2024(2) dt.17-05-2024 3/3 consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T