Ajay Kumar @ Bhola @ Bhola Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64179 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Ajay Kumar @ Bhola @ Bhola Ray S/o Mahendra Ray R/o Village- Nirpur, P.S.- Patepur, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. Ii For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024
1. Heard learned counsel for the petitioner, Mr. Rajeev Ranjan No. II and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 23.07.2022 during the course of raid, he received an information that petitioner has kept illegal arms in his house, accordingly, his house was raided and one country made rifle along with five live cartridges and one misfired cartridge was recovered and the father of the petitioner was arrested.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case on
Patna High Court CR. MISC. No.64179 of 2024(2) dt.23-10-2024 2/3 account of his antecedent. It is next submitted that petitioner was not even present at the place of occurrence nor it is the case of the prosecution that the father of the petitioner disclosed that the arms were brought by the petitioner. It is further submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patepur P.S. Case No. 207 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the
Patna High Court CR. MISC. No.64179 of 2024(2) dt.23-10-2024 3/3 investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) Rishabh/- U T