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Patna High CourtCR. MISC./38767/2021bail granted

Raunak Kumar v. The State Of Bihar

2021-12-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38767 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== RAUNAK KUMAR S/o- Shambhu Pd. Singh R/o- Vill. - Bajalpura, P.S. - Teghra, Dist. - Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Bhagwanpur (Teyayi) Police Station Case No. 45 of 2021, disclosing offences under Sections 25(1-B)a, 26/35 of Arms Act. Prosecution story in short is that on confessional statement made by Randhir Kumar Mishra and disclosure made by accused person, one country-made Pistol was recovered. From the F.I.R. and seizure list, it is apparent that no arms and ammunition has been recovered from the possession of the petitioner rather the arms have been recovered from the field of Ram Kumar Choudhary.

Patna High Court CR. MISC. No.38767 of 2021(2) dt.13-12-2021 2/2 Petitioner has been made accused in this case only on the basis of disclosure made by co-accused. Petitioner is in custody since 23.02.2021. Investigation is complete.

Learned counsel for the State as well as learned counsel for the informant vehemently oppose the prayer of bail and submits that arms and ammunitions were recovered from the field of petitioner which was used in murder of Vijay Kumar Sinha.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 23.02.2021, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Bhagwanpur (Teyayi) Police Station Case No. 45 of 2021. (Prabhat Kumar Singh, J) sanjeev/- U T