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Patna High CourtCR. MISC./5788/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-02-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5788 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Rahul Kumar SON OF Dinesh Yadav Resident of Village- jagir chakla ward no 01 PS -Ghailarh district- madhepura state Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonbarsa Raj P.S. Case No. 216 of 2023 registered for the offence under Sections 399, 402 of the Indian Penal Code and under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the petitioner and others were caught planning a loot and there is recovery of one live cartridge from the petitioner and one country made pistol from the other co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

5. It is also submitted by the learned counsel for

Patna High Court CR. MISC. No.5788 of 2024(2) dt.17-02-2024 2/2 the petitioner that the petitioner has no criminal antecedent and he is in jail since 21.09.2023

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saharsa in connection with Sonbarsa Raj P.S. Case No. 216 of 2023.

9. As a condition of this order, the petitioner, after being released on bail is directed to mark his attendance at Ghailarh Police Station on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U T