Sagar Rai @ Sagar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88112 of 2024 Arising Out of PS. Case No.-273 Year-2024 Thana- MANER District- Patna ====================================================== Sagar Rai @ Sagar Kumar, aged about 38 years, Male, son of Kashi Rai @ Okashi Ray, Resident of Village- Ganga Tola Lodipur, Beapur, P.S.-Maner, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.
3. As per allegation in the FIR, one country made loaded pistol along with three pellets and 22 live cartridges of double barrel gun were recovered from the conscious possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is the relative of the informant in Maner P.S.Case No.900 of 2023 and he has been arrested from his
Patna High Court CR. MISC. No.88112 of 2024(2) dt.08-01-2025 2/2 residential house and nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 30.04.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. On perusal of the first information report and impugned order dated 04.10.2024, it appears that the said arms have been recovered from the possession of the petitioner and petitioner has got criminal antecedent, so considering all aspects of the matter, I am not inclined to grant regular bail of the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T