Patna High CourtCR. MISC./87474/2019bail granted

Rishi Kumar v. The State Of Bihar

2020-06-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87474 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Rishi Kumar, Son of Sri Sunil Kumar Ray @ Sunil Kr. Yadav Resident of Village- Jamaluddinchak, P.S.- Khagaul, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-06-2020 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Khagaul P.S. Case No. 35 of 2019 dated 10.02.2019 instituted for the offences under Sections 25(1-b)a, 26, 27/35 of the Arms Act. During Saraswati Puja celebrations one person viz. Vishal Kumar Ray was arrested by the police for playing music on the stage on a high pitch and also for firing from his weapon. From his possession, a country made pistol and 11 cartridges were recovered. Aforesaid Vishal Kumar Rai is said to have named his associates including the petitioner.

Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.87474 of 2019(3) dt.26-06-2020 2/2 that nothing has been recovered from his possession and he has been named only because of the fact that he also was part of the Sarsaswati Puja celebrations which took place at the concerned place. The petitioner has earlier been made accused in two cases, but in those two cases he is on bail.

Regard being had to the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Danapur (Patna) in connection with Khagaul P.S. Case No. 35 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T