Ramesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37193 of 2018 Arising Out of PS.Case No. -268 Year- 2017 Thana -GOPALPUR District- PATNA ====================================================== Ramesh Chaudhary, S/o Sri Kailash Chaudhary, R/v Madhubani, P.O.- Belahiya, P.S.- Bajpatti, Distt.- Sitamarhi at present R/o Vill.- Bari Pahari, P.S.- Agamkuan, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Gopalpur P.S. Case No.268 of 2017, G.R.No.1570 of 2018 registered for offences alleged under Sections 399 and 402 of the Indian Penal Code and Sections 25 (1b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that, as per the allegations, the petitioner was one of the seven persons who were intercepted by police and on search a loaded pistol was recovered from his possession. It is submitted that, prior to his arrest in the present case, he has no criminal antecedent, however, he has been

Patna High Court Cr.Misc. No.37193 of 2018 (2) dt.28-06-2018 taken on remand in another case after his arrest in the present case. Learned counsel submits that the allegation against the petitioner that he was preparing for committing dacoity has no basis and the petitioner is in custody since 30.12.2017.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case whereunder this petitioner is said to have been arrested with a loaded pistol and has remained in custody for six months and that prior to the present case he has no criminal antecedent, I would direct for release of the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-IX-cum-A.C.J.M, Patna, in connection with Gopalpur P.S. Case No. 268 of 2017, G.R.No.1570 of 2018 subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha U T