Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12450 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Rajesh Kumar Son Of Ganesh Goshwami R/O Vill.- Jahidpur, P.S.- Punpun, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414 of the IPC and Sections 25(1-b)a/26/35 the of Arms Act.

It is a case of assembling for commission of an offence, petitioner and co-accused persons were apprehended and from possession of the petitioner one country made revolver, one live cartridge and one mobile phone were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.12450 of 2023(2) dt.24-04-2023 2/2 falsely been implicated in this case due to high handedness of the police. Petitioner has no concern with the alleged recovery nor he has been arrested on the place of occurrence. It is further submitted that the petitioner is languishing in judicial custody since 07.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 323 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Patna.

(Sunil Kumar Panwar, J) Manish/- U T