Patna High CourtCR. MISC./7461/2024allowed

Rahul Kumar v. The State Of Bihar

2024-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7461 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Rahul Kumar Son of Uma Shankar Prasad Resident of Village-Parmanad Bigha, P.S.-Noorsarai, Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot while he along with other was assembled to commit an offence. On search, one country made pistol one live cartridge and one mobile phone were recovered from the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.7461 of 2024(2) dt.17-02-2024 2/2 present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Noorsarai P.S. Case No. 516 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Manishkr/- U T