Shivnath Ray @ Shivalak Ray @ Shivbalak Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47478 of 2023 Arising Out of PS. Case No.-325 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Shivnath Ray @ Shivalak Ray @ Shivbalak Ray Na Resident Of VillageDumri Dakshini, Ps- Patori, Mohanpur, Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Patori P.S. Case No. 325 of 2023 dated 14.05.2023 registered for the offences u/ss 25(1-b)a, 26 of the Arms Act.
4. As per the prosecution case, one country made katta and 39 live cartridges were recovered from the house of the petitioner.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.47478 of 2023(2) dt.04-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Patori P.S. Case No. 325 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T