Patna High CourtCR. MISC./8159/2024bail granted

Raja Kumar @ Raj Kumar @ Raja Yadav v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8159 of 2024 Arising Out of PS. Case No.-126 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== RAJA KUMAR @ RAJ KUMAR @ RAJA YADAV S/o Ramesh Yadav Resident of Village-Chatgaon, Ward No.-13, P.S.-Triveniganj, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, ADvocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Triveniganj P.S. case No. 126 of 2023 instituted for the offences under Sections 414, 34 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that in course of patrolling, when the police signaled to stop a vehicle but the accused persons started fleeing away but were apprehended and on search, two live cartridges and one mobile were recovered from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only on

Patna High Court CR. MISC. No.8159 of 2024(2) dt.19-02-2024 2/2 the basis of suspicion. Charge-sheet has been submitted in this case. In course of investigation, the police has not found direct or indirect material against this petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 20.04.2023 and has got four criminal antecedent in which he is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Triveniganj P.S. case No. 126 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T