Rauni Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26345 of 2018 Arising Out of PS.Case No. -241 Year- 2017 Thana -Hawai Adda District- PATNA ===================================== Rauni Kumar @ Golu Kumar, aged about 18 years, S/o Laleshwar Gop @ Laleshwar Rai, R/o Sultanpur, Near Tawer, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary, Adv. For the Opposite Party/s : Mr. Ashok Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2018 The petitioner seeks bail in connection with Hawai Adda P.S. Case No. 241 of 2017, dated 12.12.2017, instituted for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)A/26/35 of the Arms Act.

During the course of evening patrolling, the police party spotted some persons smoking cigarettes. On seeing the police vehicle, they tried to run away but were apprehended. From the possession of some of the apprehended accused persons, arms and ammunitions were

Patna High Court Cr.Misc. No.26345 of 2018 (3) dt.18-05-2018 2/2 recovered. The aforesaid arrested persons disclosed the name of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has not been arrested at the spot and, therefore, nothing can be said to have been recovered from his possession. The facts stated in the impugned order are an error of record. After the petitioner surrendered in the present case on 18.12.2017, he was remanded in another case of similar nature, reference of which has been given in paragraph 3 of the petition.

Regard being had to the nature of accusation against the petitioner and the period of custody, he is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Hawai Adda P.S. Case No. 241 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T