Rajiv Kumar @ Rajeeb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10017 of 2020 Arising Out of PS. Case No.-49 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== Rajiv Kumar @ Rajeeb Kumar, Son of Late Nand Kishore Paswan, Resident of Village - Mangra Pokhar, P.S.- Mufassil, Dist.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Sinha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Munger Mufassil P.S. Case No. 49 of 2019, registered under Sections 27(1-b)a, 26 and 35 of the Arms Act.

The accusation is that in course of patrolling duty, informant received information that Promod Yadeav along with 4 to 5 persons are making firing at his door in the village Mangra Pokhera, in which, one person sustained injury. Thereafter, informant along with other police personnel reached there. On seeing the police party, 4 to 5 persons started to flee away but on chased, one person was apprehended, who disclosed his name as Promod Yadav, who was found in

Patna High Court CR. MISC. No.10017 of 2020(2) dt.29-02-2020 2/2 possession of one country made pistol with one live cartridge. On query, Promod Yadav also disclosed the name of Munna, Rajiv Kumar (petitioner), Badal Kumar and Rajesh Kumar, who succeeded to flee away.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot but his name has come in the confessional statement of co-accused, Promod Yadav, who was apprehended at the spot. It is further submitted that petitioner has no criminal antecedent and is in custody since 05.11.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Munger Mufassil P.S. Case No. 49 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T