Patna High CourtCR. MISC./10376/2019bail granted

Radheshyam Kumar @ Radhesam Kumar v. The State Of Bihar

2019-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10376 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- DANAPUR District- Patna ====================================================== Radheshyam Kumar @ Radhesam Kumar Son of Ravi Kant Prasad Resident of Village- Near Sultanpur Mosque P.S.- Danapur, District- Patna at Present Sultanpur, Devi Asthan Masjid, Danapur Cantt, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kant Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act.

Allegation is that one country made pistol along with one cartridge is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.09.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. No arms is alleged to have been recovered

Patna High Court CR. MISC. No.10376 of 2019(3) dt.12-04-2019 2/2 from the possession of the petitioner. One country made pistol along with one cartridge is said to have been recovered from the possession of co-accused Abhishek Kumar. One master key is said to have been recovered from the possession of the petitioner. The petitioner has remained in custody for more than six months. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned A.C.J.M. 1st at Danapur, District Patna in connection with Danapur P.S. case No.639 of 2018.

(Sudhir Singh, J) Narendra/- U T