Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33066 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- MANER District- Patna ====================================================== Rajesh Kumar, Son Of Subhash Chandra Prasad, Resident Of VillageAmnabad, P.S.- Bihta, Dist- Patna ... ... 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.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 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, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per F.I.R., one country made loaded pistol and four live cartridges have been recovered from possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He has no concern with the alleged recovered arms. There is no compliance of Section 100 of the Cr.P.C. Charge-sheet has
Patna High Court CR. MISC. No.33066 of 2024(2) dt.01-05-2024 2/2 been submitted in this case. Similarly situated co-accused namely, Rahul Kumar has already been granted bail by this Court vide order dated 20.04.2024 passed in Cr. Misc. No. 28924 of 2024. The petitioner is in judicial custody since 17.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayed for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody of 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 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Court below/concern Court in connection with Maner P.S. Case No. 882 of 2023. (Rudra Prakash Mishra, J) lata/- U T