Sashikant Rai @ Sashikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45070 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== SASHIKANT RAI @ SASHIKANT KUMAR Son of Mahendra Ray Resident of Village- Jalalpur, P.S.- Lalganj, District- Vaishali.. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Anuj Kumar, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Lalganj PS Case No. 155/2021 registered for the offence punishable under Sections 399, 402, 414 of the IPC and Section 25(1-b) a/26/35 of the Arms Act.

As per First Information Report, the police got secret information that one boy on a bike along with his other friends were carrying arms and were planning to commit offence. On this information, the police started checking vehicles and apprehended one person, namely, Raja Kumar along with loaded country made pistol and one cartridge from his pocket was also recovered and the said person revealed that he has got these fire-arms from one Shashikant Rai i.e., the petitioner in order to commit loot in the bank. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been

Patna High Court CR. MISC. No.45070 of 2021(2) dt.07-02-2022 2/2 implicated in this case on the basis of the statement made by the coaccused person from whose possession illegal fire-arms were recovered. He further submits that no incriminating material or firearm has been recovered from the possession of the petitioner and he is in custody since 04.05.2021.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no incriminating material or fire-arm has been recovered from the possession of the petitioner, he is in custody since 04.05.2021 having no criminal antecedent and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SASHIKANT RAI @ SASHIKANT KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj PS Case No. 155/2021.

(Anil Kumar Sinha, J) perwez U T