Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2554 of 2022 Arising Out of PS. Case No.-873 Year-2021 Thana- NAGAR District- Vaishali ====================================================== Rahul Kumar Singh, Son of Nawal Kishore Singh, Resident of Village - Balwa Koari, P.S.- Sadar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Hajipur Town Case No. 873 of 2021registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act.

As per prosecution case, police received information about an assembly of miscreants for committing some big crime. The identified place was raided and the petitioner and other co-accused persons were apprehended from the spot and some other co-accused persons fled away from the

Patna High Court CR. MISC. No.2554 of 2022(3) dt.01-11-2022 2/3 scene. From the possession of this petitioner a loaded country made pistol with one live cartridge and another live cartridge from his pant were recovered.

The learned counsel for the petitioner submits that the petitioner is in custody since 02.11.2021 and after arrest in this case he was named in another case whereas earlier he was having no criminal antecedent. The petitioner has been arrested on suspicion as he has been going to his relative's house and his signatures were forcibly taken on blank papers. The petitioner is a student of B.A and has got no concern with other co-accused persons. Charge-sheet has been submitted against him. Learned APP opposes the prayer for bail submitting that the recovery of a country made pistol along with live cartridges have been made from this petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.2554 of 2022(3) dt.01-11-2022 3/3 P.S. Case No. 873 of 2021, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T