Rajeev Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22989 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Rajeev Jha, S/o Late Kedar Jha, resident of village-Parihara, P.S.-Bakhri (Parihara O.P.), District-Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Bakhri P.S. Case No.311 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3.

The accused/petitioner is named in the FIR and is in custody since 30.10.2022.

4.

Allegation against the petitioner is to have in possession of three pistols only.

5.

It is submitted by learned counsel that alleged recovery of firearms was made from a bag, which was lying in an auto/three wheeler occupied by several passengers and as this

Patna High Court CR. MISC. No.22989 of 2023(3) dt.02-08-2023 2/3 petitioner was occupying a seat near to alleged bag in three wheeler, on the basis of said suspicion, he was arrested with present case. It is submitted as recovery was made from a public carrier occupied by several persons, it cannot be said that recovery of firearms were made from conscious physical possession of this petitioner, who is a man of clean antecedent. While concluding argument, it is submitted that the investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as alleged firearms not appears to be recovered from conscious physical possession of this petitioner, who is a man of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 30.10.2022, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Begusarai in connection

Patna High Court CR. MISC. No.22989 of 2023(3) dt.02-08-2023 3/3 with Bakhri P.S. Case No.311 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T