Chhotu @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30481 of 2025 Arising Out of PS. Case No.-964 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Chhotu @ Rakesh Kumar S/o- Chandeshwar Ray Vill- Panapur Gobrahi Ward No.- 07, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner and Mr. Yogendra Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Katihar Nagar P.S. Case No. 964 of 2024 registered for the offence punishable under Sections 310(4), 310(5), 111(3) of the BNS and under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The case of the prosecution is that the from the possession of the petitioner, a country made pistol and seven live cartridges, and one keypad mobile were recovered. On the butt of the pistol, 'automatic pistol made in Italy' was inscribed.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.30481 of 2025(2) dt.20-05-2025 2/2 case. He also submits that nothing incriminating articles has been recovered from the possession of the petitioner. Counsel also submits that though there is allegation that the petitioner was making preparation for committing an offence, but the fact is that he was arrested from his house. Counsel further submits that the petitioner is languishing in judicial custody since 19.12.2024.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of six cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 964 of 2024.

(Ashok Kumar Pandey, J) Sudhanshu/- U T