Rajesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10074 of 2016 Arising Out of PS.Case No. -406 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Rajesh Kumar Rai S/o Late Jay Narayan Rai, R/o Vill. - Kil, P.S.- Barauni (Garhara), District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One country made loaded pistol is said to have been recovered from conscious possession of the petitioner for which petitioner is in jail custody since 03.11.2015. Furthermore, para-3 of the petition reveals that in the year 2004, three cases had been registered against the petitioner but after 2004, only present case has been lodged against him.

The contention on behalf of the petitioner is that the two brothers of the petitioner were killed by his enemies and, even if, it is assumed that firearm was recovered from conscious possession of the petitioner, then also the aforesaid firearm appears to have been kept by the petitioner for his safety.

Patna High Court Cr.Misc. No.10074 of 2016 (2) dt.03-03-2016 2/2 Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni (Garhara) P.S.Case No. 406 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T