Raj Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32574 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== RAJ KUMAR @ RAJA KUMAR Son of Shivji Mahto Resident of Village - Bharaul, P.S.- Bachhwara, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bachhwara P.S. Case No. 19/2019, instituted for offence under Section(s) 504 and 506 of the Indian Penal Code read with Sections 25(1-b)A and 26 of Arms Act.

Learned counsel for the petitioner has submitted that in the instant case arrest has been made by private person, therefore no offence under Section 25(1-B)A and 26 of Arms Act is made out.

It is alleged in the written report that on 24.01.2019, informant heard sound of firing 4 -5 times behind his house. In the next morning informant learnt that aforesaid misconduct has been done by this petitioner. Thereafter informant along with his son went to the house of petitioner and asked about the sound of

Patna High Court CR. MISC. No.32574 of 2019(2) dt.16-05-2019 2/2 firing/cracker, then petitioner threatened them of dire consequences. It is further alleged that on 31.01.2019 at about 4:00 P.M. while informant was coming with grass for his cow then the petitioner came with pistol and made firing two rounds to terrorize him. The informant raised alarm then local people gathered there and apprehended the petitioner near Mango Orchard of Ramakant Ishwar. It is further alleged that one pistol and one empty cartridge was recovered from possession of petitioner. The petitioner along with firearm was handed over to the police.

Seizure list shows that the firearm has been handed over to the police by informant.

Petitioner is in custody since 01.02.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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, Begusarai, in connection with Bachhwara P.S. Case No. 19/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T