Raju Kumar @ Raju Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54735 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Raju Kumar @ Raju Ray S/O Baldev @ Baldev Ray R/O Village- Rupouli, P.S- Musrigharari, Distt.- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Musrigharari P.S. Case No. 165 of 2022 registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of Arms Act.

4. The allegation against the petitioner is to involve in preparation for committing dacoity alongwith other co-accused

Patna High Court CR. MISC. No.54735 of 2023(2) dt.25-08-2023 2/3 persons, where other apprehended co-accused persons were found in possession of one loaded country made pistol alongwith live cartridges.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on the spot and no firearms were recovered from his possession. It is pointed out that mere on the basis of disclosure of apprehended co-accused persons, namely, Rahul Kumar, son of Ram Bharos Das and another co-accused Rahul Kumar, son of Shivji Rai, this petitioner implicated with present case. It is also pointed out that on the same very day a Musrigharari P.S. Case No. 166/2022 was lodged against this petitioner, which also suggest implication of this petitioner only due to police atrocities.

6. Learned APP opposes the prayer of bail.

7. Considering the aforesaid facts and circumstances, as save and except suspicion arises out of disclosure made by apprehended co-accused persons, nothing incriminating appears against this petitioner, let above named petitioner, in the event of his arrest or surrender within a period of four weeks, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st

Patna High Court CR. MISC. No.54735 of 2023(2) dt.25-08-2023 3/3 Class, Samastipur/concerned Court, where the case is pending in connection with Musrigharari P.S. Case No. 165 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T