Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51546 of 2014 Arising Out of PS.Case No. -263 Year- 2014 Thana -FATUHA District- PATNA ====================================================== Sunil Rai, son of Jailal Rai, resident of village - Dumri, P.S.- Patori, District- Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh, Advocate Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. R. S. Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Fatuha P. S. Case No. 263 of 2014 registered for the offences punishable under Sections 399, 402, 353, 307, 120B of the Indian Penal Code, 25(1-B)(a), 26, 27 and 35 of the Arms Act. According to the prosecution case, when the police raided village Dumri, some criminals opened fire on police. Four persons were arrested from the place of occurrence including the petitioner and from possession of the petitioner one countrymade regular rifle and five live cartridges of .315 bore were

Patna High Court Cr.Misc. No.51546 of 2014 (2) dt.03-03-2015 2 / 2 recovered.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case merely on suspicion. He has got a clean antecedent and is not involved with any gang of criminals.

Be that as it may, regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present.

In case trial of the petitioner is not concluded within nine months from the date of framing of charge, he may renew his prayer for bail.

(Ashwani Kumar Singh, J.) Sanjeet/- U T