Arun Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21976 of 2018 Arising Out of PS.Case No. -177 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Arun Rajbanshi, Son of Krishna Rajbanshi Resident of Village-Thakur Asthan, P.S. Rajgir District Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar, Advocate For the Opposite Party : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under section 414 IPC and 25(1-b)a/26 of the Arms Act. Learned counsel for the petitioner submits that the recovery of mobile phone attributed to the petitioner in the seizure list causes suspicion on the prosecution story, wherein there is no such allegation. It is also submitted that the recovery of country made pistol has not been made from the conscious possession of the petitioner. Prior to the lodging of this case, he is accused in one other case mentioned in paragraph 3 of the bail application. Petitioner is in custody in connection with this case since 13.11.2017.

In the facts and circumstances of the case, prayer for bail

Patna High Court Cr.Misc. No.21976 of 2018 (3) dt.22-05-2018 2/2 of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda in Rajgir Police Station Case No. 177 of 2016 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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