Patna High CourtCR. MISC./16686/2023allowed

Raja Kumar v. The State Of Bihar

2023-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16686 of 2023 Arising Out of PS. Case No.-573 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAJA KUMAR SON OF KAILASH PASWAN R/O VILLAGEHARGAWAN, P.S.- MANPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The allegation against the petitioner along with others is of preparing to commit an offence. The police party reached at that place and some persons have apprehended out of them, there has been recovery of one loaded country-made pistol, one live cartridge and one smartphone from the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the

Patna High Court CR. MISC. No. 16686 of 2023(2) dt.11-05-2023 2/2 alleged arms and cartridges, which was seized by the police. On the basis of suspicion by the police, the petitioner has implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Bihar Sharif in connection with Laheri Muhalla P.S. Case No. 573 of 2022. (Sunil Kumar Panwar, J) arish/- U T