Sachin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45596 of 2021 Arising Out of PS. Case No.-268 Year-2018 Thana- MADHAURAH District- Saran ====================================================== SACHIN RAI Son of Babban Rai Resident of Village - Katara Newaji Tola, P.S.- Revilganj, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Marhowrah (Gaura O.P.) P. S. Case No.268 of 2018, instituted for the offences under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 26.02.2021, charge-sheet has been submitted in the case and has antecedent of one case as mentioned in Para-3 of the bail application.

The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and his name transpired in the confessional statement of coaccused Dinesh Rai, Santosh Kumar and Chhotu Kumar. The learned counsel for the petitioner submits that whatever recovery of arms has been made that has been made

Patna High Court CR. MISC. No.45596 of 2021(2) dt.05-01-2022 2/2 from the accused who were apprehended. The petitioner was not even apprehended at the place of occurrence and came to be implicated in this false case.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 26.02.2021, charge-sheet has been submitted in the case and has antecedent of one case as mentioned in Para-3 of the bail application, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra in connection with Marhowrah (Gaura O.P.) P. S. Case No.268 of 2018. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T