Uttam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37804 of 2020 Arising Out of PS. Case No.-286 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== UTTAM RAI, aged about 32 years (Male), Son of Pragas Rai, Resident of Village- Angoa, Jajuar, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Surendra Kishore Thakur, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402, 414 of the I.P.C. 3⁄4 of the Explosive Substances Act and 25(1-b) a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on secret information, the informant caught Uttam Rai (petitioner), Shobhit Rai and Raja Kumar. Other two persons, namely, Chandan Vishnu Chaudhary and Munna Rai fled away from the place of occurrence. It is alleged that 09 country made Bombs is recovered from the house of the petitioner and one country made loaded pistol alongwith five live cartridges is recovered

Patna High Court CR. MISC. No.37804 of 2020(2) dt.05-02-2021 2/2 from possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 13.12.2019. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 09 country made Bombs is recovered from the house of the petitioner and one country made loaded pistol alongwith five live cartridges is recovered from possession of the petitioner. The petitioner has remained in custody for one year.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Muzaffarpur, in connection with Katra P.S. Case No. 286/2019. (Sudhir Singh, J) U.K./- U T