Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8364 of 2015 Arising Out of PS.Case No. -228 Year- 2014 Thana -BANIAPUR District- SARAN ======================================================

1. Rahul Kumar Son of Shri Gaya Prasad, R/o Village - Nawada, P.O. & P.s. - Sherghati, District - Gaya, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Pandey For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, appearing on behalf of the State.

The petitioner is in custody in connection with Baniapur P.S. Case No. 228/14 registered for the offence under sections 314 of the Indian Penal Code and Sections 25(1((b)(a), 26 and 35 of the Arms Act.

It is alleged that three accused persons, namely, Dineshwar Mahto, Rahul Kumar (this petitioner) and Kampu Kumar were apprehended by the police while they were in a Maruti car. From possession of accused Kampu Kumar certain incriminating materials were recovered. The petitioner was also sitting in the said vehicle but nothing was recovered from his

Patna High Court Cr.Misc. No.8364 of 2015 (2) dt.10-04-2015 possession. He has been made accused in this case on account of suspicion that he had knowledge that Kampu Kumar was carrying such prohibited material. It has been stated that co-accused Dinesh Mahto has been granted regular bail by this Court by order dated 12.03.2015 passed in Criminal Misc. No. 10373 of 2015. In view of the submissions as above, the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Baniapur P.S. Case No. 228 of 2014.

(Chakradhari Sharan Singh, J) Amin/- U