Nandey Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61868 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- VENA District- Nalanda ====================================================== Nandey Ravidas, S/o Late Ramji Ravidas, resident of Village- Sati- Sthan, P.S. Ben, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh For the Opposite Party/s :
Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the parties.
The petitioner seeks bail in Ben Police Station Case No. 29 of 2018, registered for the offences punishable under Sections 25(1-b) and 26 of the Arms Act.
It is alleged that from the house of the petitioner, a country made rifle was recovered on 21.03.2018. The petitioner is said to have surrendered thereafter on 26.05.2018, since when he is in custody.
Learned counsel appearing on behalf of the petitioner contends that there is no allegation that the rifle was recovered from the petitioner's possession; rather, allegedly it was recovered from the house of the petitioner where other members of the family also reside. He has further submitted, with
Patna High Court Cr.Misc. No.61868 of 2018(2) dt.06-10-2018 2/2 reference of averment made in paragraph 3 of the application, that the petitioner has no criminal antecedents. He also contends that there is no allegation in first information report of any use or misuse of the arm so recovered.
Considering the submissions so advanced, this application is allowed.
Let the petitioner, Nandey Ravidas, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Nalanda at Biharsharif in Ben Police Station Case No. 29 of 2018. (Chakradhari Sharan Singh, J) Ashish/- U