Patna High CourtCR. MISC./26414/2023bail granted

Rakesh Kumar v. The State Of Bihar

2023-05-24Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26414 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BATH District- Bhagalpur ====================================================== RAKESH KUMAR S/O SUNIL KUMAR SINGH R/O Village- Sighara, P.SMahuwa, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Bath P.S. Case No. 14 of 2023 dated 27.01.2023 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that the informant along with police team was on patrolling duty at 01:30 P.M. when two persons keeping bag on motorcycle bearing Registration No. BR-31N-5116 were roaming in the field of Nayagaon High School Campus. It is further alleged that informant caught the petitioner with co-accused and recovered one country made pistol from their possession.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26414 of 2023(2) dt.24-05-2023 2/2 petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from conscious possession of the petitioner and has been made victim of circumstances. Lastly, it has been submitted that the petitioner is in custody since 28.01.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhagalpur in connection with Bath P.S. Case No. 14 of 2023.

(Khatim Reza, J) prabhat/- U T