Uttim Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.580 of 2018 Arising Out of PS.Case No. -77 Year- 2016 Thana -KATRA District- MUZAFFARPUR ====================================================== Uttim Rai, Son of Prakash Rai, Resident of Angoa, P.S.- Katra, DistrictMuzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under sections 25(1-b)A, 26/35 of the Arms Act.

It is submitted by the petitioner that as per allegation police party reached the place of occurrence and arrested the petitioner fleeing from the spot carrying a country made pistol and three cartridges. He submits that the recovery is from the road and even not in accordance with the procedure of the Arms Act. Petitioner is in jail custody since 7.9.2016 and he is also an accused in one other case detailed in paragraph 3 in which he is on bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of on the following conditions :- (a) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

Patna High Court Cr.Misc. No.580 of 2018 (2) dt.10-01-2018 (b) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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