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Patna High CourtCR. MISC./21753/2021bail granted

Rahul Kumar v. The State Of Bihar

2021-08-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21753 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== RAHUL KUMAR Son of Sujeet Kumar @ Sujeet Mahto @ Sanjit Rai Resident of Village- Pipra Dewas, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-08-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Submission is that the name of the petitioner surfaced in the confessional statement of co-accused and the fire arm was recovered not from possession or house of the petitioner. Petitioner is in custody since 17.09.2020. Only for the criminal antecedent of the petitioner, petitioner has been booked in this case.

Considering lack of material in this case, there is no need for further detention of the petitioner as under trial prisoner, especially in absence of any evidence to substantiate that the petitioner is going to tamper with the evidence. Hence

Patna High Court CR. MISC. No.21753 of 2021(2) dt.26-08-2021 2/2 let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with Teghra P.S. Case No. 279 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T