Rakesh Kumar @ Pintu @ Fauji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14947 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Rakesh Kumar @ Pintu @ Fauji Son of Ram Uchit Mahto Resident of Village - Shivnar, P.S. - Mokama, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baxi S.R.P. Sinha, Sr. Adv.

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2021 Heard learned senior counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 353, 307 of the Indian Penal Code and Sections 25 (1-b)a/26/27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that only one country made loaded pistol and five live cartridges were recovered from the waist of the petitioner. He further submits that petitioner bears one criminal

Patna High Court CR. MISC. No.14947 of 2021(3) dt.05-10-2021 2/2 antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 02.07.2020. However, learned APP for the State opposes the prayer for bail and submits that petitioner fired on the police personnel.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jehanabad P.S. Case No. 359 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T