Patna High CourtCR. MISC./44611/2017bail granted

Shashi Bhushan Ray v. The State Of Bihar

2017-09-20Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44611 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Shashi Bhushan Ray, Son of Ravi Kant Ray, Resident of Village-Baruna P.S.-Bikramganj District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey, Adv. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Bikramganj P.S. Case No.141 of 2017, registered for offences alleged under Sections 25(1-b)a, 26, 35 of the Arms Act.

Learned counsel for the petitioner submits that, as per the allegation, the petitioner and one Harendra Rai had gone to the house of the informant lashed with pistol and there the informant caught hold of them and recovered one country made pistol which was loaded. The informant therefore called the police and handed over the accused-petitioner. Learned counsel submits

Patna High Court Cr.Misc. No.44611 of 2017 (2) dt.20-09-2017 that it is a case of false implication. The petitioner has got no criminal antecedent and, in fact, the police has not recovered the loaded pistol from this petitioner rather the informant claims that he had found the petitioner in possession of the loaded pistol. Therefore, the seizure list itself is not inspiring. On the other hand, learned APP opposed the prayer for bail.

Considering the fact that the petitioner has got no criminal antecedent and the alleged recovery is said to be by the informant, who called the police, let the petitioner, namely, Shashi Bhushan Ray be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas in connection with Bikramganj P.S. Case No.141 of 2017, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T