Patna High CourtCR. MISC./26400/2023bail granted

Rohit Kumar v. The State Of Bihar

2023-05-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26400 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- SAHPUR District- Patna ====================================================== ROHIT KUMAR S/O- Raju Ram @ Raju Kumar, Resident Of VillageBhasinchak Bhagwatipur (Bhaishunchak Bhagwatipur), P.S.- Shahpur District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with S.Tr. No. 1530 of 2022, arising out of Shahpur P.S. Case No. 245 of 2022, dated 02.06.2022 registered for the offences punishable under Section 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that there is criminal antecedent of one case against this petitioner in which he is on bail and as per FIR a pistol which is alleged to have been recovered from the possession of this petitioner was produced by the informant, who is a private person, to the police along with this petitioner and accordingly,

Patna High Court CR. MISC. No.26400 of 2023(2) dt.24-05-2023 2/2 the recovery of the alleged firearm was not directly made by the police officials and after the arrest of the petitioner, police searched his body and recovered only one cartridge and in the alleged firing no one sustained injury. Further submissions are that the petitioner is a young person and he has been languishing in jail since 03.06.2022 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's young age and his custody period and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with S.Tr. No. 1530 of 2022, arising out of Shahpur P.S. Case No. 245 of 2022.

(Shailendra Singh, J.) maynaz/- U T