Patna High CourtCR. MISC./3766/2025bail granted

Mohan Rai @ Mohan Ray v. The State Of Bihar

2025-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3766 of 2025 Arising Out of PS. Case No.-40 Year-2024 Thana- Fakuli District- Muzaffarpur ====================================================== Mohan Rai @ Mohan Ray S/o Late Balindra Rai R/o Village-Gaji Kamtaul, .S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Prasad Sinha, Advocate Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fakuli P.S. Case No. 40 of 2024, instituted for the offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one loaded country made pistol along with five live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern

Patna High Court CR. MISC. No.3766 of 2025(2) dt.29-01-2025 2/2 with the alleged recovery of arms. The petitioner is in custody since 01.08.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Fakuli P.S. Case No. 40 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T