Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37094 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== Rajnish Kumar S/o Jagdish Ray R/O - Village - Phulwaria Gachhi Tola, P.S. - Phulwaria District - Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Phulwaria P.S. Case No. 40 of 2021 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 11.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that from possession of this petitioner one live cartridge was recovered.
Learned counsel for the petitioner submits that cartridge without gun is of no use and thus it seems that the
Patna High Court CR. MISC. No.37094 of 2021(2) dt.07-12-2021 2/2 petitioner has been roped with false allegation. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 11.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Begusarai in connection with Phulwaria P.S. Case No. 40 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T