Tuntun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37541 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Tuntun Rai, Son of Surendra Rai, Resident of Mohalla Chhota Telpa, Police Line, P.S. - Chapra Town, District- Saran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dr. Rajesh Kumar Singh, Adv.

For the Opposite Party :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chapra Mufassil P.S. Case No. 135 of 2018 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

Informant is a police officer, who in his written complaint has stated that on 27.03.2018 at about 5:30 A.M. miscreant, namely, Mannu Giri was apprehended who was fleeing with a loaded commercial vehicle. It is stated that Mannu Giri confessed that his companions were planning to commit robbery, on which he made a team and reached at the place of occurrence, where 7-8 miscreants with 3-4 motorcycles

Patna High Court Cr.Misc. No.37541 of 2018(3) dt.07-09-2018 2/2 were present and on seeing police party they managed to flee away on two motorcycles but Tuntun Rai (petitioner) and other two co-accused were arrested and on search of their person a loaded country made pistol and live cartridges were recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He has not committed any offence. He is in custody since 27.03.2018. It has been further submitted that similarly placed co-accused Anshu Kumar has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 46220 of 2018 vide order dated 18.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Chapra Mufassil P.S. Case No. 135 of 2018.

(S. Kumar, J) Rajiv/manoj U T