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Patna High CourtCR. MISC./46228/2024bail granted

Amar Rai v. The State Of Bihar

2024-07-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46228 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- MANER District- Patna ====================================================== AMAR RAI SON OF RAM LAL RAI VILLAGE- SUWARMARWAN TATA COLONY MADHOPUR, P.S.-MANER, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 882 of 2023 instituted for the offences under Sections 379, 386, 120B of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., police, on the basis of secret information, raided the place of occurrence, and recovered arms and ammunitions from the possession of co-accused namely, Rajesh Kumar and Rahul Kumar.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.46228 of 2024(2) dt.12-07-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner has twelve criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 882 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T