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Patna High CourtCR. MISC./12252/2019bail granted

Rahul Raj v. The State Of Bihar

2019-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12252 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- DANAPUR District- Patna ====================================================== Rahul Raj Son of Late Gopal Rai Resident of Mohalla- Naya Tola, Near Devi Choura Mandir, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Danapur PS case no. 639 of 2018 registered for the offence punishable under Sections 399, 492, 414 of Indian Penal Code and 25(1-B)a, 26, 35 of Arms Act.

The case of the prosecution is that upon receiving secret information that certain accused persons had assembled for committing crime, a raid was conducted by the police and some of the accused persons were arrested, from whom arms and ammunitions were recovered. Subsequently, upon the confessional statement made by co-accused person namely Abhishek Kumar, stolen motorcycle was recovered from the house of the petitioner.

Patna High Court CR. MISC. No.12252 of 2019(2) dt.27-02-2019 2/2 The learned counsel for the petitioner submits that no illegal arms have been recovered from the petitioner and the petitioner has been falsely implicated in the present case, however he is said to be having clean antecedent and he is languishing in custody since 16.09.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail upon deposit of a sum of Rs. 25,000/- by way of cash security and subject to such other conditions as may be imposed by the learned court of A.C.J.M. Danapur, Patna in connection with Danapur PS case no. 639 of 2018. With the aforesaid direction, the present bail petition stands disposed of.

(Mohit Kumar Shah, J) rinkee/- U T