Bidya Nand Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40220 of 2014 Arising Out of PS.Case No. -77 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ====================================================== Bidya Nand Mukhiya, son of Ramashray Mukhiya, resident of villageDhoboliya, P.S. Hasanpur, District- Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sita Ram Yadav For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

13-03-2015 Heard learned counsel for the petitioner and Sri Rajesh Kumar, learned Addl. Public Prosecutor.

The petitioner, apprehending his arrest in Hasanpur P.S. Case No.77 of 2014 registered for the offence under Section 25(1-B)a/26 of the Arms Act, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that nothing was recovered from the possession of the petitioner. He submits that from perusal of the F.I.R. itself, it is evident that nothing was recovered from the possession of the petitioner and only false story was concocted by the police officer and the present F.I.R. has been lodged. In the F.I.R. itself, the informant had disclosed that at 3.00 P.M., while he along with police constables was on patrolling duty, it was informed that some

Patna High Court Cr.Misc. No.40220 of 2014 (2) dt.13-03-2015 2/2 altercation was going on at the door of Makeshwar Ram. When the police party arrived, while fleeing having seen the police, one pistol was dropped from the possession of the petitioner, which was recovered. Learned counsel for the petitioner, by way of referring to Annexure-3 to the supplementary affidavit, submits that on the same day at about 2.00 P.M. on the basis of written complaint by Makeshwar Ram, an F.I.R. was lodged against the petitioner and others, so that there was no question for presence of the petitioner at the place of occurrence, which had taken place at the door of Makeshwar Ram.

Be that as it may, considering the facts and circumstances, let the petitioner, namely, Bidya Nand Mukhiya, be enlarged on bail, in the event of his arrest or surrender within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.Kumar, learned J.M., Rosera, District-Samastipur in connection with Hasanpur P.S. Case No.77 of 2014 subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U