Rakesh Kumar @ Haltu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9039 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- NAYAGAON District- Begusarai ====================================================== Rakesh Kumar @ Haltu Son of Ram Subhag Singh @ Ramsubhak Singh Resident of Village- Balahpur, P.S.- Nayagaon, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 01.11.2018 in a case registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms Act.

It is alleged that from the possession of the petitioner, one country made pistol and a live cartridge were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. It is further submitted that the investigation has already been concluded and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the said

Patna High Court Cr.Misc. No.9039 of 2019(2) dt.15-02-2019 2/2 recovery has been made from possession of the petitioner. Considering the fact that investigation has already been concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VI-cum-Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Nayagaon P.S. Case No. 81 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T