Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46122 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Randhir Kumar, Son of Raja Ram Singh, Resident of Village- Dhewhi, P.S.- Daudnagar, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Sri Chaubey Jawahar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Learned counsel for the petitioner is permitted to incorporate amendment in Para-3 of the petition regarding filing of Daudnagar P.S. Case No. 67 of 2016 for the murder of his mother.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Daudnagar P.S. Case No. 68 of 2016 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, during scuffle between Rampravesh Singh and Rajaram Singh, son of Rajaram Singh resorted firing which hit the mother of the assailant which proved fatal. On the divulgence of the brother of the petitioner, a carbine

Patna High Court Cr.Misc. No.46122 of 2017 (2) dt.20-09-2017 2/2 and 29 cartridges were recovered from the room of the house. It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner rather from the joint house of the petitioner which is inhabited by several persons. Though in the seizure list, the police is said to have recovered aforesaid arms and ammunitions from the room of the petitioner, but it is not mentioned in the F.I.R. regarding recovery of the said arms and ammunitions from the room of the petitioner rather from the room of the house. The petitioner has been languishing in custody since 06.05.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 68 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T