Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22411 of 2020 Arising Out of PS. Case No.-252 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== RAHUL KUMAR Son of Shri Arvind Kumar @ Avnish Kumar Resident of Village - Supi, P.S.- Makdoompur, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that four country made pistols with 30 live cartridges and 400 ml wine is recovered. It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.22411 of 2020(2) dt.11-09-2020 2/2 petitioner is in custody since 14.05.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Four country made pistols with 30 live cartridges and 400 ml wine are said to have been recovered from the room. The room in question is part of the joint family. There is no compliance of Section 100 Cr.P.C. It is further submitted that the petitioner may be released after completion of six months in custody from 14.05.2020. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of six months in custody from 14.05.2020 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge II-cum-Special Judge, Excise, Jehanabad in connection with Jehanabad P.S. case No.252 of 2020.

(Sudhir Singh, J) Narendra/- U T