Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40720 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Birendra Thakur, Resident of Village- Rasulpur, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Chaturvedi, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 414, 120 (b) of the Indian Penal Code read with Section 25 (1) (B) A/26/35 of the Arms Act and Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of

Patna High Court CR. MISC. No.40720 of 2021(2) dt.08-10-2021 2/3 the petitioner, rather there is recovery of total 8.25 liters of foreign liquor from the house of the petitioner. He further submits that the police has also recovered one licensy rifle and one live cartridge from the house of the petitioner. The said rifle belongs to the petitioner. The petitioner is languishing in custody since 23.02.2021. The petitioner has got no criminal antecedent, which is mentioned in para 3 of the bail application. Learned APP for the State vehemently opposed the prayer for bail petition.

Petitioner is agreed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Considering the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court in connection with Karja P. S. Case No.51/2021; subject to the following conditions: (i) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy

Patna High Court CR. MISC. No.40720 of 2021(2) dt.08-10-2021 3/3 as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the Chief Minister Relief fund.

(Anjani Kumar Sharan, J) amitkumar/- U T