Mukesh Kumar Rai @ Mukesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3657 of 2025 Arising Out of PS. Case No.-321 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Mukesh Kumar Rai @ Mukesh Kumar Yadav Son of Fagu Rai @ Jagu Rai, Resident of Village - Lala ka Tola, P.S. - Barhara, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-02-2025
1. Heard Mr.Shankar Kumar,, learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned APP for the State.
2. The petitioner seeks regular bail in connection with Barhara P.S. Case No. 321 of 2024 dated 01.11.2024 registered for the offence(s) punishable under Sections 25(1-B) (a) & 26 of the Arms Act.
3. As per the prosecution story, on 01.11.2024 at about 12:30 A.M., informant along with other police personnel raided near Poultry Farm and apprehended the petitioner and on search, one loaded 'Katta' and one live cartridge were recovered from the waist of the petitioner.
4. Heard both the sides and perused the FIR.
5. In the facts and circumstances of this case and
Patna High Court CR. MISC. No.3657 of 2025(2) dt.15-02-2025 2/2 considering the averments made in the petition and mainly petitioner's the pleas that the alleged offences are triable by the 1st Class Magistrate and there is no independent witness of the seizure of the alleged firearm from the possession of this petitioner and he has not remained involved in an offence of similar nature relating to Arms Act in past and also coupled with the custody period of the petitioner and completion of investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Barhara P.S. Case No. 321 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T