Rajan Kumar @ Rajan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31242 of 2020 Arising Out of PS. Case No.-237 Year-2020 Thana- GARKHA District- Saran ====================================================== RAJAN KUMAR @ RAJAN KUMAR YADAV Son of Saheb Ray Resident of Village- Sujan Chapra, P.S.- Chapra Muffasil, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 413, 414, 420, 468/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Allegation is that one motorcycle is recovered from the bathan of the petitioner.

Patna High Court CR. MISC. No.31242 of 2020(2) dt.01-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.06.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. No arms is said to have been recovered from the possession of the petitioner. One motorcycle is said to have been recovered, which belongs to one Vijay Yadav. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 14, Chapra in connection with Garkha P.S. case No.237 of 2020. (Sudhir Singh, J) Narendra/- U T