Raja Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76834 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Raja Babu, S/o Mohan Roy, Resident of Village- Yadav Nagar, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar @ S.K.
For the Opposite Party/s :
Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 24.01.2018 in connection with Saraiya P.S. Case No. 28/2018 registered for the offense punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that though it is alleged that the petitioner was recovered from the place of occurrence, it is submitted that the petitioner was taken into custody on mere suspicion that he was one of the culprits and was badly beaten up. It is further submitted that though it is alleged that the petitioner was in possession of arms, the same is hardly believable as in such a situation, he could have well used the same in his self-defence. However, he was, in fact, badly
Patna High Court Cr.Misc. No.76834 of 2018(2) dt.10-01-2019 2/2 beaten up by the people who caught him. Learned counsel for the petitioner further submits that the culprit who had actually looted the motorcycle from the informant had in fact escaped and, therefore, the police is trying to saddle the blame on his shoulder. It is further submitted that for the same occurrence another case under the Arms Act has also been registered being Saraiya P.S. Case No. 27 of 2018 dated 23.01.2018. Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedent and also because the petitioner has remained in custody for almost a year, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 28/2018. (Anjana Mishra, J) Saif/- U T