Raja Kumar @ Raja Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65937 of 2021 Arising Out of PS. Case No.-116 Year-2021 Thana- DESARI District- Vaishali ====================================================== RAJA KUMAR @ RAJA RAI Son of Akhilesh Ray Resident of Village - Lakhanpur Tal, Police Station - Desari, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 399, 402, 414/34 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. The prosecution allegation, in short, is that one loaded country made pistol and one live cartridge are recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.65937 of 2021(2) dt.24-12-2021 2/2 present case. Arms is said to have been recovered from the possession of the co-accused. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. There is no recovery of arms from the possession of the petitioner. Except for this, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-16th -cum- A.C.J.M.-15, Vaishali at Hajipur in connection with Desari P.S. Case No. 116 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T