Pappu Pandey @ Rakesh Pandey @ Rakesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38151 of 2019 Arising Out of PS. Case No.-35 Year-2014 Thana- DARIHAT District- Rohtas ====================================================== Pappu Pandey @ Rakesh Pandey @ Rakesh Kumar Pandey Son of Ajay Kumar Pandey Resident of Village- Pashuram Nagar Redma, P.S.- Shahar (Daltenganj), District- Palamu, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application praying for bail in connection with Darihat P.S. Case No. 35 of 2014 registered for the offences punishable under sections 25(1-B)a, 26/35 of the Arms Act.

As per the allegation in the FIR, on information having been received, a raid was conducted in which 6-7 accused persons including this petitioner was caught and a country made loaded katta and two live cartridges were recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that contrary to the allegation no recovery has taken place from the petitioner, there has been violation of Section 100 Cr.P.C., and

Patna High Court CR. MISC. No.38151 of 2019(2) dt.05-07-2019 2/2 he is in custody since 28.06.2018.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case especially that the petitioner is in custody since more than a year, the petitioner named above is directed to be enlarged 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 1st Class Judicial Magistrate, Dehri-on-sone (Rohtas) in Darihat P.S. Case No. 35 of 2014.

(Partha Sarthy, J) Prakash/- U