Patna High CourtCR. MISC./38719/2024bail granted

Angad Raut v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38719 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Angad Raut Son Of Mishri Raut Resident Of Village - Sursand Ward No. 18, P.S. - Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heared learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Madhuban P.S. Case No. 34 of 2024, lodged on 27.01.2024 under Sections 25(1-b) a, 26, 35 of the Arms Act.

3. As per the prosecution, FIR has been filed against two named accused persons including the present petitioner. The recovery of arms with cartridge is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that arms has been recovered from the possession of the petitioner rather it has been recovered from the possession of the co-accused. Learned counsel further submits that petitioner has unnecessarily been made accused in this case and he is in custody since 28.01.2024. There are five criminal antecedent of the petitioner and he is on bail in all cases. Learned counsel for

Patna High Court CR. MISC. No.38719 of 2024(2) dt.27-05-2024 2/3 the petitioner next submits that arms has not been recovered from the possession of the petitioner therefore Arms Act is not attributed against the petitioner.

5. Learned counsel for the state opposes the prayer of bail and submits that from the petitioner's possession, screw driver and iron sawal has been recovered. He further submits that antecedent of the petitioner is not clean and he is in custody since 28.01.2024. He next submits that there are five criminal cases pending against the petitioner and at the time of consideration of the bail, this aspect may be taken into consideration.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judical Magistrate, Motihari, East Champaran Madhuban in connection with Madhuban P.S. Case No. 34 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. However the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not

Patna High Court CR. MISC. No.38719 of 2024(2) dt.27-05-2024 3/3 absconding in any of the cases pending against him whose details are as follows:- (I) Sursand P.S. Case No. 567 of 2021 (II) Sursand P.S. Case No. 569 of 2021 (III) Sursand P.S. Case No. 574 of 2021 (IV) Bajpatti P.S. Case No. 358 of 2021 (V) Bajpatti P.S. Case No. 369 of 2021 (Dr. Anshuman, J) ravikr/- U T