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Patna High CourtCR. MISC./7535/2024bail granted

Raja Kumar Singh @ Chandra Kant @ Bajrangi v. The State Of Bihar

2024-02-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7535 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== Raja Kumar Singh @ Chandra Kant @ Bajrangi, Son of Prem Sagar Singh, R/o Village- Kushaha, P.S. - Shambhuganj, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rounak Kumar Singh Pankaj, Advocate Mr. Diwakar Sinha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shambhuganj P.S. Case no. 261 of 2023 registered under sections 402 and 399 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, on a raid being conducted it is stated that while a country made pistol along with six live cartridges were recovered from the possession of the co-accused Abhishek Kumar Singh, so far as this petitioner is concerned a mobile phone was recovered.

4. Learned counsel for the petitioner submits that contrary to the statement made in the order of the learned trial Court, the petitioner has one criminal antecedent as stated in

Patna High Court CR. MISC. No.7535 of 2024(2) dt.20-02-2024 2/2 paragraph no.3 of the petition. No incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. He is in custody since 23.9.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, no incriminating article having been recovered from the petitioner's possession who is in custody since 23.9.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Shambhuganj P.S. Case no.261 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka. (Partha Sarthy, J) avinash/- U T