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Patna High CourtCR. MISC./14600/2024bail granted

Rajesh Kumar @ Gulatiya @ Rajesh Chaurasiya @ Rajesh v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14600 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Rajesh Kumar @ Gulatiya @ Rajesh Chaurasiya @ Rajesh son of Narayan Chaurasiya Village- Kelavari W.No-4, Barauni-3, Ps- Teghra Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bambam Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Teghra P.S. case No. 309 of 2023 instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.

3. As per the F.I.R., two country-made pistols, five live cartridges one mobile phone along with one motorcycle has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and

Patna High Court CR. MISC. No.14600 of 2024(4) dt.29-04-2024 2/2 ammunitions. The recovered mobile and motorcycle belongs to this petitioner. He further submitted that the recovered motorcycle is registered in the name of the wife of petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.10.2023 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Teghra P.S. case No. 309 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T