Ravi Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.25759 of 2017 (2) dt.14-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25759 of 2017 Arising Out of PS.Case No. -367 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Ravi Kumar Son of Ramashish Singh, Resident of Village-Rupaspur, Police Station-Alipur, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Sri Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

14-06-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. Petitioner is seeking regular bail in connection with Tekari P.S. Case No. 367 of 2016 registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26 and Section 35 of the Arms Act.

Learned counsel for the petitioner submits that from the First Information Report it would appear in that the patrolling party is said to have raided the alleged place from where the petitioner along with others were arrested. So far as the allegation against the present petitioner is concerned, it is alleged that one country made pistol loaded with one 8 mm live cartridge and four live

Patna High Court Cr.Misc. No.25759 of 2017 (2) dt.14-06-2017 cartridge from his pocket were recovered.

Learned counsel for the petitioner further submits that petitioner has falsely been implicated in this case, search and seizure is not in accordance with the Section 100 Cr.P.C. and the petitioner having no criminal antecedent and he is in custody since 23.11.2016. Learned Additional Public Prosecutor for the State opposed the prayer for bail of the petitioner, however, considering the nature of allegation to the fact that the petitioner has no criminal antecedent and is in custody for approximately seven months by now as also that he is ready to cooperate in trial, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - VI, Gaya, in connection with Tekari P.S. Case No. 367 of 2016, subject to condition as prescribed under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T