Patna High CourtCR. MISC./28924/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28924 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- MANER District- Patna ====================================================== Rahul Kumar Son of Jwala Rai Resident of village- Chakiya, P.S.- Doriganj, District- Chhapra (Saran).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maner P.S. case No. 882 of 2023 instituted for the offences under Sections 379, 386, 120B of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., one country-made pistol and ten live cartridges have been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.28924 of 2024(2) dt.20-04-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2023 and has two criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. case No. 882 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T