Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.924 of 2021 Arising Out of PS. Case No.-352 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== KRISHNA RAI SON OF HIRALAL RAI RESIDENT OF VILLAGESUNDARPUR, BARJA, POLICE STATION- BIHIYA, DISTRICTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Amit Kr. Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b)a,/26/35 of the Arms Act.

It is alleged that on secret information search was made by the police and petitioner along with others were apprehended and from the possession of the petitioner and other accused persons one country made pistol, one cartridge and mobile phones were recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.924 of 2021(2) dt.26-02-2021 2/2 petitioner is innocent and has falsely been implicated in this case. There is recovery of one loaded country made pistol, one cartridge and mobile from the possession of the co-accused persons. There is recovery of two mobile phones from the possession of the petitioner. The petitioner is languishing in jail custody since 25.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The co-accused have been granted bail by this court vide order dated 10.02.2021 passed in Cr. Misc. No.39346/2020 and dated 09.02.2021 passed in Cr. Misc. No.38744/2020. Learned APP for the State has opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Koilwar P.S. Case No. 352/2020 to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

(Anjani Kumar Sharan, J) amitkumar/- U T