Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14385 of 2023 Arising Out of PS. Case No.-550 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rajeev Kumar S/O Nageshwar Yadav R/O Village- Matokhar, P.SSheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 25(1-B)a/26/35 of Arms Act.

As per prosecution case, on secret information the informant along with police personnel reached near the house of the petitioner and on search, from the room of the petitioner, 2 country made pistols, 12 live cartridges, 2 misfired cartridges and 1 empty cartridge were recovered and one Apache Motorcycle without number plate was also recovered from the front of the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics. The petitioner was not

Patna High Court CR. MISC. No.14385 of 2023(3) dt.12-07-2023 2/2 apprehended on the spot. The alleged country made pistol along with cartridges were not recovered from the conscious possession of the petitioner rather the same has been recovered from the joint house of several family members. The seized motorcycle from the house of petitioner, is registered in his name, as mentioned in para 9 of the petition. It is also submitted that petitioner is languishing in judicial custody since 10.01.2023 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sheikhpura P.S. Case No. 550 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura.

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