Raj Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25979 of 2018 Arising Out of PS.Case No. -303 Year- 2017 Thana - RUNISAIDPUR District- SITAMARHI ===================================== Raj Kumar @ Raja S/o Vaidhnath Mahto, R/o Vill.- Kora Bhim, P.S.- Parsauni, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Md. Ashlam Ansari ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2018 The petitioner seeks bail in connection with Runni Saidpur P.S. Case No. 303 of 2017 dated 29.06.2017 instituted for the offences under Sections 353, 307, 120(B) of the Indian Penal Code and Section 25(1-b) A, 26(2), 27, 35 of the Arms Act.

On secret information that some miscreants have assembled at a place for committing offence, a raid was conducted. The petitioner is said to have been apprehended with a loaded country made pistol and a magazine with four live cartridges. It has been alleged in the F.I.R that in order to scare away the Police Party, firing was also resorted to. The learned counsel for the petitioner has submitted that though recovery of arms and ammunitions has been

Patna High Court Cr.Misc. No.25979 of 2018 (3) dt.18-05-2018 2/2 shown in the F.I.R against the petitioner but the fact of the matter is that he has only been made accused in this case because of some persons of the village pulling wires from behind. The allegation of firing on the Police Party is also stated to be incorrect as nobody was injured in the occurrence. After lodging of the present case, the petitioner was remanded in two other cases, reference of the same has been made in para 3 of the petition. In the aforesaid two cases, the petitioner has been granted bail.

The petitioner is in custody since 30.06.2017. Considering the period of custody of the petitioner, the petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runni Saidpur P.S. Case No. 303 of 2017.

(Ashutosh Kumar, J) Shageer/- U T