Subhash Roy @ Subhash Ray @ Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41718 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Subhash Roy @ Subhash Ray @ Subhash Kumar Son of Late Ram Nagina Ray Resident of Village- Chanaur, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 353, 307, 333/34 of the Indian Penal Code and 25(1B)a/26/35 of the Arms Act. Prosecution case in short is that on secret information, the informant proceeded to the place of occurrence and saw three persons coming on a red motorcycle. The informant asked to stop them but they, leaving the motorcycle, fled away. On chase, one person was apprehended. Two pistols and cartridge as also mobile was seized.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.41718 of 2019(2) dt.08-07-2019 2/2 petitioner is in custody since 30-03-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused, Neeraj Kumar. General and omnibus allegation has been made against the petitioner. No specific overt act is attributed against the petitioner nor any specific injury is attributed against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 223 of 2018.

(Sudhir Singh, J) A.K.V.//- U T