Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19688 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -DERNI District- SARAN ====================================================== Anil Ray, S/o Late Baidhya Nath Roy, R/o village- Narayanpur, P.S.- Garkha, District- Saran.

... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Derni P.S. Case No. 16 of 2016, registered under Sections 341, 323 and 307 of the Indian Penal Code and Section 25(1-b) a, 26 and 27 of the Arms Act.

The accusation is that in course of returning of the informant on motorcycle, on the way, this petitioner stopped him on the point of pistol then informant also fired through his country made pistol. On hearing the sound of firing villagers rushed there and at that time, Derni Police jeep also reached there and this petitioner was found in possession of country made pistol. The cause of occurrence is said to be of old murder case.

Patna High Court Cr.Misc. No.19688 of 2016 (2) dt.11-05-2016 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the said firing was made by the informant not by this petitioner and petitioner has falsely been implicated by the informant showing the recovery of the country made pistol. Further submission is that as per the information given by the Pairvikar, petitioner having no criminal antecedent is in custody since 08.02.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on 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 Addl. Chief Judicial Magistrate-VII, Saran, Chapra in connection with Derni P.S. Case No. 16 of 2016. Out of two sureties, one surety must be the parents / close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T