Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20337 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- PRATAPGANJ District- Supaul ====================================================== Rajnish Kumar, Son of Sukhsagar Yadav, Resident of Village - Kushaha, Ward no.12, P.s.- Triveniganj, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Pratapganj P.S. Case No. 114 of 2021 registered for the alleged offences under Sections 25(1-b)a/26 of the Arms Act.

Allegedly, the petitioner was apprehended after chase by the police and a country made pistol was recovered from him.

The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.20337 of 2022(2) dt.06-07-2022 2/3 case. If the petitioner was apprehended after chase, he would easily have concealed the firearms. Moreover, recovery of a country made pistol without live cartridges would make the firearm ineffective. The charge-sheet has been submitted in this case and the petitioner is in custody since 15.10.2021. The petitioner is having clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the charge-sheet has been submitted and petitioner is in custody since 15.10.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Birpur, Supaul, in connection with Pratapganj P.S. Case No. 114 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.20337 of 2022(2) dt.06-07-2022 3/3 bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T