Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56308 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -KHANPUR District- SAMASTIPUR ====================================================== Rajesh Kumar Son of late Maheshwar Rai Resident of village - Shivnagar P.S. Pear, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rohit Kumar For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with S.T. No. 562 of 2015/356 of 2015 arising out of Khanpur P.S. Case No. 100 of 2015 registered under Sections 399, 402 of the I.P.C. and section 25(1-B)A/26/35 of the Arms Act.

The accusation is that the Police on secret information about making plan of loot, proceeded to Ilmasnagar along with other officials. In that course, some persons started to flee away on seeing the police party, but on chase two of them were apprehended who disclosed their name, Rajesh Kumar (petitioner) and Binod Kumar and from the possession of petitioner, one country made loaded pistol, one live cartridge and

Patna High Court Cr.Misc. No.56308 of 2015 (2) dt.16-12-2015 2/2 one Samsung mobile were recovered, while one nokia mobile was recovered from Binod Kumar.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion showing the recovery of one country made pistol and live cartridge. It is also submitted that petitioner has no criminal antecedent and is in custody since 14.07.2015. Having considered the facts and circumstances of the case, 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 3rd Additional Sessions Judge, Samastipur in connection with S.T. No. 562 of 2015/356 of 2015 arising out of Khanpur P.S. Case No. 100 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) Shail/- U T