Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16037 of 2023 Arising Out of PS. Case No.-680 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== RAJA KUMAR S/O NARESH RAY Resident of Village- Amghatta ward No.- 35, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 This case has been listed out of turn at the instance of the learned counsel for the petitioner through a mentioning slip on the ground of marriage of the petitioner to be performed on 01.05.2023. The xerox copy of wedding card/invitation card has been annexed with the mentioning slip at flag-X. Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act in connection with Dumra P.S.Case No.680 of 2022. As per allegation, a country-made loaded pistol was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.16037 of 2023(2) dt.28-04-2023 2/3 The learned counsel for the petitioner has submitted that he is in custody since 27.11.2022 and there is no allegation of similar nature of case against the petitioner. So far as the case mentioned in paragraph no.3 is concerned, he is on bail. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Dumra P.S.Case No. 680 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below fo cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

The Superintendent of Police, Sitamarhi is directed to inquire into the matter regarding authenticity/veracity of the marriage of the petitioner to be solemnized 01.05.2023 and

Patna High Court CR. MISC. No.16037 of 2023(2) dt.28-04-2023 3/3 report to this Court within four weeks.

Office is directed to issue a letter to the Superintendent of Police, Sitamarhi, annexing the xerox copy of the wedding card/invitation card showing the marriage of the petitioner to be performed on 01.05.2023.

List the matter after four weeks.

(Nawneet Kumar Pandey, J) HR/- U T