Patna High CourtCR. MISC./444/2024bail granted

Abhishek Ray Alias Tiger v. The State Of Bihar

2024-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.444 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- BARARI District- Katihar ====================================================== Abhishek Ray Alias Tiger S/o Sri Ram Ray, Resident of Bakharpur,P.S. Pirpaithi District Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjeeb Kumar Sanju, Advocate For the State :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, one rifle and five live cartridges were recovered from the possession of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has falsely been implicated in this case. No arms and ammunition have been recovered from the personal possession of the petitioner. It is further submitted that charge-sheet has already been submitted and the petitioner is in custody since 09.01.2023. The petitioner bears five criminal antecedents, as per disclosure made by him

Patna High Court CR. MISC. No.444 of 2024(3) dt.21-03-2024 2/2 in paragraph 3 of this bail application. He further submits that similarly situated co-accused, namely Dhiraj Singh, having five criminal antecedents, has already been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 12.03.2024 passed in Cr. Misc. No. 15326 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and claim based on parity, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 learned A.C.J.M. III, Katihar, in connection with Barari (Semapur) P.S. Case No. 12 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T