Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.48416 of 2015 (2) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48416 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Rahul Kumar, Son of Late Rameshwar Singh, R/o Manjhaul, Baba Tola, P.S. - Cheria Bariarpur (Manjhaul O.P.), District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate. For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Begusarai Town P.S. Case No. 120 of 2015 registered under Sections 399, 402 and 307 of the Indian Penal Code and Section 25(1-b)a, 26, 27 and 35 of the Arms Act.

On receiving information to the effect that some persons have assembled for committing crime, the raid was conduced by the informant and other police officials. In that course, the petitioner and five others were apprehended and in course of search, petitioner was found in possession of one country made loaded pistol and one live cartridge. Learned counsel for the petitioner has falsely been

Patna High Court Cr.Misc. No.48416 of 2015 (2) dt.09-11-2015 implicated in this case due to ulterior motive. It is further submitted that petitioner has been made accused in three other cases, but in one case, he has been acquitted and in other two cases, he is on bail. Learned counsel for the petitioner further submits that co-accused, Barun Singh @ Kanhaiya Kumar, has already been granted privilege of bail by a Bench of this Court vide order dated 28.08.2015 passed in Criminal Misc. No. 39013 of 2015.

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, Begusarai, in connection with Begusarai Town P.S. Case No. 120 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T