Raj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40981 of 2018 Arising Out of PS. Case No.-147 Year-2017 Thana- RAJAPAKAR District- Vaishali ====================================================== Raj Kishore Singh S/o Late Shyam Bahadur Singh, R/o Vill.- Rajapakar Rajputana Tola, P.S.- Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 1.11.2017 in connection with Rajapakar P.S. Case No. 147 of 2017 registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 (ii) and 35 of the Arms Act.

The prosecution case, as lodged by the informant police personnel, is that on secret information that some persons have assembled in a mango orchard to commit crime, the police raided the place and apprehended seven persons along with the petitioner. On search, from the possession of some of the co-

Patna High Court Cr.Misc. No.40981 of 2018(2) dt.11-07-2018 2/3 accused arms and ammunitions were recovered and from the possession of the petitioner, one loaded pistol, three cartridges and three mobiles were recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and one of the co-accused apprehended along with the petitioner with firearms and motorcycle has already been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 29626 of 2018 vide order dated 21.05.2018. It is submitted that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, 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 Additional Chief Judicial Magistrate VII, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 147 of 2017, subject to the condition that one of the bailors would be close relative of the petitioner having sufficient

Patna High Court Cr.Misc. No.40981 of 2018(2) dt.11-07-2018 3/3 immovable properties, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/Ragini U T