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Patna High CourtCR. MISC./13974/2024bail granted

Rakesh Singh v. The State Of Bihar

2024-03-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13974 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rakesh Singh, Son of late Nagendra Singh, Resident of village- Madhopur, PS- Mejarganj, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Majorganj P.S. Case no.310 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on having received information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. The accused persons were caught. It is stated that from the possession of this petitioner one loaded country made pistol with a live cartridge was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case

Patna High Court CR. MISC. No.13974 of 2024(2) dt.12-03-2024 2/2 because of his antecedents. He is in custody since 20.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State who submits that the petitioner has several criminal antecedents. Further, a loaded country made pistol with a live cartridge was recovered from the petitioner's possession.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, his being in custody for more than 4 months since 20.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Majorganj P.S. Case no.310 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Sitamarhi. (Partha Sarthy, J) avinash/- U T