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Patna High CourtCR. MISC./21897/2023allowed

Rajesh Kewat v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21897 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAJESH KEWAT S/O Shivjee Kawat R/O Village- Bhurkur, P.S- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. As per FIR, allegation against the petitioner along with co-accused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one country made pistol along with two live cartridges were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his criminal

Patna High Court CR. MISC. No.21897 of 2023(2) dt.22-05-2023 2/2 antecedents. The petitioner has no concern with the alleged arms which was seized by the police or with the co-accused. It is further submitted that the petitioner is languishing in judicial custody since 20.4.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laheri P.S. Case No. 188 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Amandeep/- U T