Kumar Rajanish @ Kumar Rajnish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22675 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Kumar Rajanish @ Kumar Rajnish Son of Late Ramchandra Rai R/VNarepur West, Ward No. 6, P.S-Bachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate Mr. Shishir Kumar Shishir, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

02. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

03. In the present case, the petitioner seeks bail in connection with Bachhwara P.S. Case No. 270 of 2022 registered on 21.10.2022 for the alleged offences under Sections 25(1-b)a, 26 of the Arms Act.

04. As per prosecution case, the police received information about the petitioner roaming in his locality with illegal firearm and he was apprehended and from his possession a country made pistol and a live cartridge were recovered.

05. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22675 of 2023(2) dt.22-05-2023 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner has got no criminal antecedent and the recovery shown from him is a planted one. The petitioner is in custody since 22.10.2022 and charge-sheet has been submitted.

06. Learned APP for the State opposes the prayer for bail submitting that the petitioner was apprehended with a country made pistol and a live cartridge and the weapon was found to be kept in his waist.

07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class/concerned court, Begusarai in connection with Bachhwara P.S. Case No. 270 of 2022 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and 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.

Patna High Court CR. MISC. No.22675 of 2023(2) dt.22-05-2023 3/3 (iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T