Rameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41051 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== RAMESHWAR RAI Son of Singeshwar Rai Resident of Village - Parashpur Mushari, P.S.- Kathaiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kathaiya P.S. Case No. 296 of 2018, instituted for the offence under Section(s) 25(1-B)a, 25(1-AA), 26 and 35 of Arms Act.

It is alleged in the written report that 5 Spring of Air gun, 1 magazine spring, 5 iron cut piece, 1 piece die, 3 pocket scale, 1 piece scale, 10 screw, 1 Rinch, 1 Hammer, one Exa Blade, two Pilas, 1 Screw driver and one Mobile Phone have been recovered from the house of the petitioner. Petitioner was apprehended by the Police with four live cartridges. Counsel for the petitioner submits that First Information Report has been lodged on the basis of statement of five apprehended accused by the Police. They disclosed before

Patna High Court CR. MISC. No.41051 of 2019(2) dt.09-07-2019 2/2 the Police that petitioner and his son are running Mini Gun factory and provided illegal Arms to the aforesaid accused persons. He further submits that petitioner is old man. He has no concern with the recovered live cartridges from possession of the petitioner.

Petitioner is in custody since 20.11.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2nd, West, Muzaffarpur, in connection with Kathaiya P.S. Case No. 296 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T