Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15208 of 2023 Arising Out of PS. Case No.-1173 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rajan Kumar Son Of Ganesh Bhagat R/O Village- Harda Bazar, P.S.- K. Hat (MARANGA), District- Purnea ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the application in course of the day.

The petitioner seeks bail in a case registered under Sections-401, 413, 414, 379, 411 of the Indian Penal Code and Sections-25(1-b)/a/26/35 of the Arms Act.

Prosecution case in short that a loaded country-made pistol, magazine, live cartridges, mobile and motorcycle are recovered.

It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-11-2022. He has remained in

Patna High Court CR. MISC. No.15208 of 2023(2) dt.01-05-2023 2/2 custody for about six months. Charge sheet has already been submitted in this case. The trial is not likely to be concluded in near future. As per prosecution case, a search was made in the house of co-accused Rahul Kamati and from his possession, 8 stolen motorcycles along with one country made pistol and two live cartridges are said to have been recovered. Except a mobile phone, there is no recovery of any incriminating article from possession of the petitioner. There is no compliance of Section100 of the Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with K. Hat (Maranga) P.S. Case No. 1173 of 2022.

(Sudhir Singh, J) A.K.V.//- U T