Patna High CourtCR. MISC./12178/2025bail granted

Raja Kumar v. The State Of Bihar

2025-02-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12178 of 2025 Arising Out of PS. Case No.-713 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Raja Kumar S/o- Late Prahalad Chaudhary R/o Judda Pakadi P.S. Ramnagar District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 713 of 2024 instituted for the offences under Section 309(5) of Bharatiya Nyaya Sanhita and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the accusation against the three accused persons including the petitioner is of stopping the motorcycle of the Informant, taking out the weapon and knife from the waist and pointing the same on the Informant. It is alleged that the police has recovered one knife from the possession of the petitioner.

Patna High Court CR. MISC. No.12178 of 2025(2) dt.28-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 09.10.2024 without any rhymes or reason. Chargesheet has been submitted in this case.

5. Learned counsel for the petitioner again submits that the co-accused namely Rahul Kumar Yadav has been granted bail by this Court vide order dated 15.02.2025 passed in Cr. Misc. No. 7109 of 2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the

Patna High Court CR. MISC. No.12178 of 2025(2) dt.28-02-2025 3/3 petitioner, abovenamed, 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 Shikarpur P.S. Case No. 713 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T