Raju Pd. @ Raju Prasad @ Nannai Kumar @ Nanhai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55876 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Raju Pd. @ Raju Prasad @ Nannai Kumar @ Nanhai Kumar Son of Late Ram Narayan Prasad @ Late Ram Nath Prasad Resident of Village- Chhota Telpa, P.S.- Chapra Town, District- Saran.

... ... 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.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

The prosecution case, in short, is that on the tip off, the police raided the place of occurrence and apprehended four accused persons. A mobile, a motorcycle and fire-arms are alleged to have been 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 is in custody since 12-06-2019. Charge sheet has

Patna High Court CR. MISC. No.55876 of 2019(2) dt.04-09-2019 2/2 already been submitted. A mobile and a motorcycle are alleged to have been recovered from possession of the petitioner. The arms is alleged to have been recovered from co-accused Golu. So far recovery of motorcycle is concerned, the petitioner had no knowledge that the motorcycle in question, is a stolen property. The petitioner has been made accused in the present case due to mistake of fact. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 215 of 2019.

(Sudhir Singh, J) A.K.V.//- U T