Rakesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27556 of 2016 Arising Out of PS.Case No. -241 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Kumar, S/O Ravindra Mahto, Resident of Village Ghataro, P.S. Kartahan, District Vaishali.

2. Chandan Kumar @ Chhota Chandan, S/O Kanhaiya Sah, Resident of Village Ghataro, P.S. Kartahan, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 12-07-2016 Let the supplementary affidavit filed on behalf of the petitioners be kept on record.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Lalganj P.S. Case No.241 of 2015 registered under Sections 399, 402 and 120(B) of the Indian Penal Code besides Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that the police, on receiving secret information about moving of the five-six miscreants variously armed on a bolero vehicle for committing loot of a vehicle near

Patna High Court Cr.Misc. No.27556 of 2016 (2) dt.12-07-2016 2/3 by-pass, reached there and apprehended six accused persons including the petitioners there and on their search, the petitioner no.1 Rakesh Kumar was found in possession of one country made loaded pistol and one live cartridge whereas petitioner no.2 Chandan Kumar alias Chhota Chandan was found in possession of one loaded country made pistol and two live cartridges. Other accused persons were also found in possession of arms and ammunitions.

Learned counsel appearing on behalf of the petitioners submits that after being arrested in the present case, the petitioner no.1 Rakesh Kumar was remanded in three other cases whereas petitioner no.2 Chandan Kumar alias Chhota Chandan was remanded in six other cases and out of the aforesaid three cases, the petitioner no.1 Rakesh Kumar is on bail in two cases whereas out of the aforesaid six cases, the petitioner no.2 Chandan Kumar alias Chhota Chandan is on bail in three cases. In the present case, the petitioners are in jail custody since 27.08.2015. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur,

Patna High Court Cr.Misc. No.27556 of 2016 (2) dt.12-07-2016 3/3 in connection with Lalganj P.S. Case No.241 of 2015. (Rajendra Kumar Mishra, J) P.S./- U T