Rahul Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51052 of 2024 Arising Out of PS. Case No.-507 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Rahul Ray Son Of Anjani Ray Resident Of Village - Dumariya Bujurg, P.S. - Parbatta, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Parbatta P.S. Case No. 507 of 2023 instituted for the offence under Section 414 of the Indian Penal Code and Sections 25(1A), 25(1-AA), 25(1-B)A, 26(i)(ii)(iii)/35 of the Arms Act. 3.

Prosecution case in short is that there has been recovery of two country made pistols, five live cartridges, 16 bullet and other articles from the house of one, Kailu Sharma. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-03-2024. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.51052 of 2024(2) dt.19-07-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. The petitioner has no concern with the alleged recovery as well as co-accused person. Only on the basis of suspicion, petitioner has been implicated in the present case by the police. There is no compliance of Section 100 of the Cr.P.C. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Other co-accused has been granted bail by this Court vide order dated 15-03-2024, passed in Cr. Misc. No. 19018 of 2024. Other co-accused has been granted bail by this Court vide order dated 04-04-2024, passed in Cr. Misc. No. 25079 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parbatta

Patna High Court CR. MISC. No.51052 of 2024(2) dt.19-07-2024 3/3 P.S. Case No. 507 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T