Rahul Kumar @ Daljeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11690 of 2022 Arising Out of PS. Case No.-719 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rahul Kumar @ Daljeet Kumar, Son of Shree Ram Yadav, Resident of Village- Bawan Bigha, P.S.- K. Hat (Madhubani), District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with K.Hat P.S. Case No. 719 of 2021 registered for the alleged offences under Sections 25 (1-b)a, 26, 35 of the Arms Act.
Allegedly, the petitioner was apprehended with one loaded country made pistol and a live cartridge along with other co-accused persons while making plan for committing some crime.
The learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11690 of 2022(2) dt.05-07-2022 2/3 petitioner is innocent and nothing has been recovered from his conscious possession. He has been falsely implicated in this case. The petitioner is on bail in two cases, out of three cases pending against him. He is in custody since 11.08.2021 and the charge sheet has been submitted in this case. Learned APP opposes the prayer for bail.
Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted and further considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 719 of 2021, subject to the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence for three consecutive
Patna High Court CR. MISC. No.11690 of 2022(2) dt.05-07-2022 3/3 dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T