Bipin Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81495 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- RAJPUR District- Buxar ====================================================== 1.
Bipin Rai, Son of Late Sundari Prasad Rai @ Late Sudhir Prasad Rai, Resident of Vill- Nensar, P.S.- Goura Bad Shahpur, District- Jaunpur (U.P) 2.
Abhishek Kumar, Son of Sanjit Kumar, Resident of Vill- Bihta, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioners and Mr. Umanath Mishra, learned APP for the State.
2. The petitioners have prayed for bail in connection with Rajpur P.S. Case No. 207 of 2024 registered for the offence punishable under Sections 25(1-B), 26 and 35 of the Arms Act.
3. The case of the prosecution is that from the possession of petitioner no. 1, one country made pistol and one magazine containing 7 live cartridges and a mobile were recovered and from petitioner no. 2, one country made pistol and 8 live cartridges and a mobile were recovered.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.81495 of 2024(2) dt.22-11-2024 2/2 case. The other co-accused, namely, Rakesh Kumar @ Tulsi has already been granted bail by this Court vide order dated 08.10.2024 passed in Cr. Misc. No. 71709 of 2024. Moreover, the petitioners are languishing in judicial custody since 04.07.2024.
5. The application for bail is opposed by learned APP for the State and submitted that petitioner no.1 is having 12 criminal antecedents whereas petitioner no.2 is having one criminal antecedent.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Buxar in connection with Rajpur P.S. Case No.207 of 2024.
(Ashok Kumar Pandey, J) lata/- U T