Rakesh Ranjan @ Rakku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10786 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Rakesh Ranjan @ Rakku S/o Sudama Yadav R/O VILL - ITAWAN, P.S. - CHANDRADEEP, DIST - JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Kawakole (Rupab) P.S. Case No.198 of 2023 registered for the offence under Sections 25(1-b)a and 26 of the Arms Act. 3.

The allegation against the petitioner is to have in possession of one country made pistol without cartridge. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It appears from perusal of FIR

Patna High Court CR. MISC. No.10786 of 2024(2) dt.22-02-2024 2/3 and seizure list it appears that one empty country made pistol was alleged to be recovered from the possession of the petitioner, where, seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that the petitioner is in custody since 02.04.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Kawakole (Rupab) P.S. Case No.198 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.10786 of 2024(2) dt.22-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T