Patna High CourtCR. MISC./31708/2024bail granted

Rajesh Kumar @ Laltu @ Laltu Kumar v. The State Of Bihar

2024-05-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31708 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== Rajesh Kumar @ Laltu @ Laltu Kumar Son of Ravindra Kumar Yadav @ Ravindra Prasad Yadav R/O Vill.- Babhangama, Ward No. 06, P.S.- Gwalpara (Arar O.P.), Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gwalpara (Arar O.P.) P.S. Case No. 226 of 2023 dated 26.11.2023 registered for the offences punishable u/ss 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one loaded country made masket, four cartridges and Rs. 35,000/- were recovered from the possession of the petitioner. One motorcycle was also recovered by police.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case

Patna High Court CR. MISC. No.31708 of 2024(2) dt.06-05-2024 2/2 merely on suspicion. It is further alleged that Rs. 35,000/- and one motorcycle were also recovered by police but both are not stolen articles and the petitioner is the registered owner of the said motorcycle. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. As per the impugned order dated 18.03.2024, the petitioner is in custody since 08.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishunganj, Madhepura in connection with Gwalpara (Arar O.P.) P.S. Case No. 226 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T