Ram Dayal Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.43692 of 2018 (2) dt.23-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43692 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -DEODHA District- MADHUBANI ======================================================

1. Ram Dayal Thakur Son of late Jugeshwar Thakur Resident of VillageBhadaur, P.S. Deodha, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Verma For the Opposite Party/s :Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23.07.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Present case has been lodged only for the offences punishable under the Arms Act on the basis that looted cash and one country made pistol along with five cartridges were recovered from the house of the petitioner.

Contention on behalf of the petitioner is that first information report goes to show that co-accused Md. Arif and Rahmat had given seized firearm to son of the petitioner and thereafter, son of the petitioner kept the aforesaid firearm in an almirah. Therefore, even if the aforesaid fact assumed to be true, then also, the petitioner can not be made accused for recovery of the aforesaid firearm.

Patna High Court Cr.Misc. No.43692 of 2018 (2) dt.23-07-2018 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Madhubani in Deodha P.S. Case no. 101/2017.

shahid (Hemant Kumar Srivastava,J) U T