Patna High CourtCR. MISC./40798/2021bail granted

Raja Kumar v. The State Of Bihar

2022-01-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40798 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== RAJA KUMAR Son of BInod Patel @ Vinod Raut Resident of Village - Indranagar, P.S. Chhatauni, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 96 of 2021 for the offence registered under Sections 25(1-b), 26 and 35 of the Arms Act. The allegation is regarding recovery of one live cartridge from the possession of the petitioner while he was apprehended by the police and search was made. One country made pistol with one live cartridge is also stated to have been recovered from co-accused person Rohit Kumar. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 16.03.2021. Per contra, the learned counsel for the State has

Patna High Court CR. MISC. No.40798 of 2021(2) dt.03-01-2022 2/2 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Chhatauni P.S. Case No. 96 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T