Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18667 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== RAJA KUMAR S/o Vijay Sah R/o Village/Mohalla- Azam Nagar, P.S.- L.N.M.U., District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Shama Sinha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Sadar (Mabbi O.P.) Police Station Case No. 52 of 2020, registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

The allegation against the petitioner is that the police, on the basis of secret information that some miscreants were sitting in between Reliance petrol pump and Sobhan, proceeded towards the place of occurrence and upon seeing the police, the miscreants started fleeing away, however on chase, the police

Patna High Court CR. MISC. No.18667 of 2020(2) dt.05-06-2020 2/3 arrested five persons, including the petitioner and from the possession of the petitioner, a sum of Rs. 400/- and one mobile phone was recovered and from possession of other co-accused persons, mobile phones, knives, one loaded country-made pistol and a sum of Rs. 6500/- were recovered.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. She further submits that the petitioner has got no criminal antecedent and only one mobile phone and cash of Rs. 400/- has been recovered from his possession and no incriminating article has been recovered from the possession of this petitioner. She further submits that the petitioner is in judicial custody since 06.02.2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 06.02.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar (Mabbi O.P.) Police

Patna High Court CR. MISC. No.18667 of 2020(2) dt.05-06-2020 3/3 Station Case No. 52 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √