Sadhu Rai @ Ranjeet Rai @ Sanjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72342 of 2023 Arising Out of PS. Case No.-438 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== Sadhu Rai @ Ranjeet Rai @ Sanjeet Rai S/O Upendra Rai Resident of Village - Isharpura, P.S. Sahpur, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Sahpur P.S. Case No. 438 of 2020 dated 30.12.2020 registered for the offence/s punishable u/ss 25 (1-b) a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have indulged in the business of sale and purchase of the illegal weapon and on secret informant, police apprehended one Rishav Kumar and recovered 15 live cartridges and a mobile from him.

Patna High Court CR. MISC. No.72342 of 2023(2) dt.09-11-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner was not present at the place of occurrence. The name of the petitioner has sprung up in the confessional statement of the co-accused Rishav Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Sahpur P.S. Case No. 438 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T