Patna High CourtCR. MISC./26742/2015bail granted

Mithilesh Rai v. The State Of Bihar

2015-07-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26742 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Mithilesh Rai, son of Jai Kishore Rai, resident of Village- Raipur, P.S.- Bajpatti, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in a case registered for the offences punishable under sections 399 and 402 of the Indian Penal Code and section 25(1-B)A, 26 and 35 of the Arms Act.

It is alleged that the informant got an information on 07.04.2015 that 5-6 miscreants on two motor cycles have assembled in a vacant land situated towards west of Rasalpur Bazar and they were planning to commit some occurrence. When the police arrived there, all the miscreants began to flee away. However, the police chased and caught hold of them. It is alleged that from possession of the petitioner one country made loaded

Patna High Court Cr.Misc. No.26742 of 2015 (2) dt.27-07-2015 pistol was recovered.

On behalf of the petitioner it is submitted that the petitioner is in custody since 08.04.2015. Charge-sheet has been submitted in the case. From possession of the petitioner one loaded country made pistol is alleged to have been recovered. It is further submitted that the petitioner may be released after completion of six months in custody from 08.04.2015. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts aforesaid, let the petitioner above named, be enlarged on bail after completion of six months in custody from 08.04.2015 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bajpatti P.S. Case no. 49 of 2015. (Sudhir Singh, J) Amin/- U