Sukhari Rai @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34048 of 2020 Arising Out of PS. Case No.-990 Year-2019 Thana- SONEPUR District- Saran ====================================================== SUKHARI RAI @ RAJA BABU son of Awadhesh Ray Resident of VillageManpur, Police Station- Sonepur, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Chandrasen Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Sonepur P.S. Case No. 990 of 2019 disclosing offences punishable under Sections 399,402 and 412 of the Indian Penal Code and Sections 25(1-b) a/26/35 of the Arms Act. On the basis of secret information received by the police in respect of location of persons involved in organized crimes, a police party had conducted raid, leading to arrest of six miscreants including the petitioner. On search, from possession of some of them fire arms were recovered. From the petitioner's possession a mobile phone, a power bank and some cash was recovered. Allegedly, there is a confessional statement recorded by the police to the effect that a scooty was stolen,

Patna High Court CR. MISC. No.34048 of 2020(2) dt.22-12-2020 2/2 which was given to the petitioner by co-accused Govind Kumar and was parked in the petitioner's poultry farm. The scooty was seized from the said place.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 04.12.l2019 and if what is alleged, is taken to be true, at the maximum an offence punishable under Section 411 of the Indian Penal Code can be said to be made out.

Considering the fact that the petitioner is in custody since 04.12.2019 and there is no apparent allegation of his involvement in commission of offence except for receiving a concealing stolen property, this application 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, Saran at Chapra in Sonepur P.S. Case No. 990 of 2019.

(Chakradhari Sharan Singh, J) arun/- U