Prabhakar Kumar Ray @ Prabhakar Kumar @ Runjhun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75340 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== PRABHAKAR KUMAR RAY @ PRABHAKAR KUMAR @ RUNJHUN RAI, S/o Late Anil Ray, R/o village- Malti, P.S.- Fulwaria, Distt.-Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Fulwaria P.S. Case No. 140 of 2018, disclosing the offences under Sections 25(1-b)a and 26(ii) of the Arms Act. As per the case of the prosecution, one injured person was found lying in a field adjacent to a road, was taken by the Police to the Hospital. In course of treatment, from his possession, the Police are said to have recovered two live cartridges. It is alleged in the First Information Report that it was the petitioner, from whose possession the cartridges were recovered, in presence of two witnesses.

Learned counsel for the petitioner referring to the cases which are pending against the petitioner, as mentioned in paragraph-3

Patna High Court CR. MISC. No.75340 of 2019(2) dt.26-11-2019 2/2 of the application has submitted that most of them have been lodged out of family dispute. The petitioner is in custody since 25.09.2019 in connection with the present case.

Considering the nature of allegation and recovery of cartridges from the petitioner's possession who was found in injured condition, in my view, a case of regular bail is made out. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, 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 Mr. Rajeev Kumar, learned Judicial Magistrate, 1st Class, Begusarai, in connection with Fulwaria P.S. Case No. 140 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T