Patna High CourtCR. MISC./59556/2024allowed

Bhairo Rai v. The State Of Bihar

2024-08-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59556 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- AMARPUR District- Banka ====================================================== BHAIRO RAI SON OF SUKHDEV RAY VILLAGE -KEMASAR, POLICE STATION -BANKA, DISTRICT -BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 217 of 2024 for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. The accused persons including the petitioner tried to flee away after seeing the police party, but he was apprehended. On search, a country made katta was recovered from possession of co-accused Gaurav Kumar.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that a mobile set and cash of

Patna High Court CR. MISC. No.59556 of 2024(2) dt.27-08-2024 2/2 Rs. 2600/- were recovered from possession of the petitioner. No arms and ammunition was recovered from his possession rather one country-made pistol was recovered from possession of coaccused Gaurav Kumar. The petitioner is under custody since 13.03.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 217 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T