Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80156 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- Chakki District- Buxar ====================================================== 1.

Suresh Rai, Son of Govind Rai @ Ram Govind Rai 2.

Sanjay Rai @ Sanjay Singh, Son of Satya Narayan Rai Both are Resident of Village - Chuni Dera, Police Station - Chakki, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parijat Saurav, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2025 Heard Mr. Parijat Saurav, learned counsel for the petitioners and Mr. Anil Kumar, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the room of Kamlesh Rai on an iron almirah a mini rifle and from near boundary wall concealed in grass one mini rifle along with 13 live cartridges were recovered and from the south side of the boundary wall one desi katta along with 11 live cartridges were recovered concealed in grass.

4. Learned counsel for the petitioners submits that the recovery has been made from the joint house; no recovery

Patna High Court CR. MISC. No.80156 of 2024(3) dt.25-02-2025 2/2 has been made from physical possession of the petitioners and from perusal of the seizure list it transpires that copy of the seizure list has not been provided to any of the members of the house. The petitioners are in custody since 03.09.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail. He submits that the petitioner No.1 is having criminal antecedent of 1 case and petitioner No.2 is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Buxar Chakki P.S. Case no. 06 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar.

7. Accordingly, the present bail application stand allowed.

(Ashok Kumar Pandey, J) durgesh/- U T