Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39370 of 2021 Arising Out of PS. Case No.-709 Year-2020 Thana- MAHUA District- Vaishali ====================================================== RAHUL KUMAR Son of Raj Kumar Thakur Resident of Village - Laxmipur Bakhri, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Mahua P.S. Case No. 709 of 2020 registered for the offence punishable under Sections 25(1-A), 25(1-AA), 25(1-B)A, 26(1)

(2) (3) , 35 of the Arms Act, 1959 .

The allegation as per First Information Report is that Police on the basis of secret information raided the house of one Sanni Kumar and recovered some articles to be used in manufacturing of fire arms and also recovered some partly manufactured fire arms. It is further alleged that petitioner was arrested from the house of the said Sanni Kumar along with other accused persons.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he does not have any criminal antecedent. Learned counsel further submits that no fire-arm has been recovered from the

Patna High Court CR. MISC. No.39370 of 2021(2) dt.21-01-2022 2/2 possession of the petitioner and from perusal of the seizure list, it appears that one mobile has been recovered from him by the Police. Learned counsel next submits that similarly situated coaccused namely, Rohit Raj and Mohan Kumar have been granted bail by this Court vide Cr. Misc. No. 25102 of 2021 and Cr. Misc. No. 31463 of 2021 respectively.

Regards being had to the submissions made by the parties and taking into consideration the materials available on record , the fact that similarly situated co-accused Rohit Raj and Mohan Kumar have already been granted bail by this Court, petitioner is in custody since 18-12-2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular 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., Vaishali at Hajipur in connection with Mahua P.S. Case No. 709 of 2020.

praful/- (Anil Kumar Sinha, J) U T