Patna High CourtCR. MISC./79869/2019bail granted

Uma Shankar Rai @ Uma Shankar Ray v. The State Of Bihar

2019-12-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79869 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- MAKER District- Saran ====================================================== Uma Shankar Rai @ Uma Shankar Ray, male, aged 52 years, S/o- Late Yogi Rai, R/o Vill.- Sundarapur, P.S.- Kesharia, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshuman Singh, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2019 The petitioner seeks bail in connection with Maker P.S. Case No. 167 of 2019, dated 18.10.2019, instituted for the offences under Sections 399 and 402 of the I.P.C., Section 37(B)(C) of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-B)A, 26 and 35 of the Arms Act. The petitioner and several others were arrested by the police on a hot chase. The allegation against the arrested accused persons including the petitioner is of having consumed liquor and thereafter of planning to commit dacoity in a petrol pump. On seeing the police party, the miscreants boarded a car and motorcycle, but were arrested. Weapons were recovered from the possession of other

Patna High Court CR. MISC. No.79869 of 2019(2) dt.16-12-2019 2/2 accused persons but from the possession of the petitioner, nothing incriminating has been recovered.

The petitioner is in custody since 19.10.2019 and does not have any case to his credit before his implication in the present case.

It has been submitted on behalf of the petitioner that his arrest in this case is on mistaken identity as he has no connection with other accused persons.

Considering the period of custody of the petitioner and his clean background up-till now, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-Cum-Special Judge, Excise Act, Saran at Chhapra in connection with Maker P.S. Case No. 167 of 2019.

The application stands allowed.

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