Patna High CourtCR. MISC./24894/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-04-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24894 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Rakesh Kumar Son of Late Surendra Chaudhary Resident of VillageVishanpur Bahanagari, P.S.- Sakra, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Goraul P.S. Case No.29 of 2024 instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, petitioner along with co-accused persons apprehended on the spot and from the possession of petitioner one mobile was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no recovery of arm from the possession of the petitioner. A statement has been made para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.24894 of 2024(2) dt.05-04-2024 2/2 He is languishing in judicial custody since 18.01.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., seizure list and impugned order dated 04.03.2024, it appears that only one Nokia mobile has been recovered from the possession of the petitioner. There is no recovery of arm from the possession of the petitioner, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Vaishali at Hajipur in connection with Goraul P.S. Case No. 29 of 2024.

(Ramesh Chand Malviya, J) lata/- U T