Dashrath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67132 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== Dashrath Sah S/O Ram Babu Sah Resident of village- Behta, P.S.- Khajauli District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rahika P.S. Case No. 58 of 2021 lodged under Sections 399, 402 of the I.P.C. read with Sections 25(1-B)a /26/35 of the Arms Act.

As per the prosecution case, there are in total 8 persons were made accused in this case. The allegation of carrying the fire arms and live cartridges along with mobile, etc. are there in the F.I.R.

Learned counsel for the petitioner submits that the name of the petitioner has come only on confessional statement

Patna High Court CR. MISC. No.67132 of 2022(2) dt.27-02-2023 2/2 of co-accused. Counsel submits that there is one criminal antecedent of the petitioner. Counsel further submits that petitioner is in custody since 30.05.2021. Counsel also submits that he is not apprehended from the place of occurrence. As such nothing was recovered from the possession of the petitioner. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st, Madhubani in connection with Rahika P.S. Case No. 58 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T