Kailash Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26380 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== KAILASH RAJAK Son of Toto Rajak Resident of Village - Laugany, P.S. Jhajha, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Nand Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Chandramandih P.S. Case No. 124 of 2019 (G.R. No. 3121 of 2019) for the offence punishable under Sections 25(1-b)a/26 of the Arms Act, Sections 17, 18, 19, 20 and 21 of the U.A.P. Act. The prosecution case in brief is that the police force had conducted a raid in the jungle area (forest) at Labra on the alleged date and time of occurrence and as far as the petitioner is concerned, one rifle and some live cartridges were recovered.

Patna High Court CR. MISC. No.26380 of 2020(2) dt.14-10-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 01.11.2019.

The learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th, Jamui in connection with Chandramandih P.S. Case No. 124 of 2019 (G.R. No. 3121 of 2019).

(Mohit Kumar Shah, J) Tiwary/- U T