Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12401 of 2024 Arising Out of PS. Case No.-345 Year-2023 Thana- GOH District- Aurangabad ====================================================== Raushan Kumar Son of Ashok Das Resident of village- Pema, P.S.- Goh, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Santosh Kumar Pandey, Advocate For the State :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Goh P.S. Case No. 345 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

Prosecution case in short is that there is recovery of one country made pistol from the possession of co-accused. It is further alleged that from the possession of the petitioner, there is recovery of Rs. 7,000/- and motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-11-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.12401 of 2024(2) dt.28-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no recovery of arms from the possession of the petitioner. So far as recovery of mobile phone and motorcycle made from the possession of the petitioner is concerned, it belongs to the petitioner. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

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 Goh P.S. Case No. 345 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T