Allowed

Rakesh Rai @ Rakesh Raj @ Rakesh Rai v. the State of Bihar

Patna HC10 Mar 2022CR. MISC./31911/2021

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner accused in a sand mining case involving inherent danger charges and arms offences. The court noted the petitioner had been in custody since January 10, 2021, and the chargesheet was submitted, leading to the order.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 20,000 with two sureties to the satisfaction of the CJM.

Rakesh Rai @ Rakesh Raj @ Rakesh Rai Vs the State of Bihar — Corruption | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31911 of 2021

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Arising Out of PS. Case No.-9 Year-2021 Thana- KOILWAR District- Bhojpur

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======================================================

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RAKESH RAI @ RAKESH RAJ @ RAKESH RAI Son of Baliram Rai Resident of Village - Piparahiya Police Station Ara (Muffasil), District - Bhojpur.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarv Deo Singh Mr.Anil Kumar Roy For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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4 10-03-2022

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Heard learned Counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The petitioner seeks regular bail in connection with

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Koilwar Police Station Case No. 09 of 2021, registered for the offence punishable under Sections 384/386/307/427/34 of the Indian Penal Code and Sections 25(1-b)a/26/27/35 of the Arms Act.

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The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that two groups were fighting for their supremacy in the locality for illegal sand mining, arrived at the place of occurrence and on seeing the police party, some of the accused persons fled away after throwing their fire arms, however, the petitioner was

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Patna High Court CR. MISC. No.31911 of 2021(4) dt.10-03-2022 2/3

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arrested by the police along with one loaded country-made rifle. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as he runs a tea-stall near the place of occurrence and the rifle, in question, has not been recovered from his conscious possession and from perusal of the seizure list, it would be evident that the rifle has been recovered from near the sone diyara. He further submits that at the time of seizure of the alleged loaded rifle from the possession of the petitioner, the signature of the petitioner was not taken on the seizure list and the procedure prescribed for seizure under the provisions of the Code of Criminal Procedure, 1973 has not been followed. He further submits that the petitioner is in custody since 10.01.2021 and charge sheet has been submitted against him and as such there is no likelihood of the petitioner being abscond and/or tamper with the evidence.

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Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 10.01.2021 and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner.

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This application is, accordingly, allowed.

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Patna High Court CR. MISC. No.31911 of 2021(4) dt.10-03-2022 3/3

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Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Koilwar Police Station Case No. 09 of 2021.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Rakesh Rai @ Rakesh Raj @ Rakesh Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Rai @ Rakesh Raj @ Rakesh Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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