Patna High CourtCR. MISC./41792/2021bail granted

Raj Kumar v. The State Of Bihar

2022-01-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41792 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== Raj Kumar Son of Sri Kamli Yadav Resident of Village- Samartha, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Pranav Kumar Jha, Advocate Mr. Subodh Kumar Jha, Advocate For the Opposite Party :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Ujiarpur P.S. Case No. 58 of 2021, disclosing offence punishable under Sections 25(1-B)a 26 and 35 of Arms Act. The petitioner is in custody since 09.03.2021. Allegedly, while riding in a motorcycle with two pillion riders, the petitioner was intercepted by the police whereafter they had allegedly attempted to flee away and in that course fell down. From the place of occurrence, the police are said to have recovered one country made pistol and two live cartridges. Learned counsel appearing on behalf of the petitioner has submitted that even on the basis of the case of the

Patna High Court CR. MISC. No.41792 of 2021(2) dt.03-01-2022 2/2 prosecution, no firearm can be said to have been recovered from the petitioner's possession.

Be that as it may, considering the fact that the petitioner is in custody since 09.03.2021 and has no criminal antecedent as disclosed in paragraph 3 of the application, in the background of nature of accusation, in my opinion, case for grant of Regular Bail is made out. This application is accordingly allowed.

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 learned S.D.J.M, Dalsinghsarai, District- Samastipur in Ujiarpur P.S. Case No. 58 of 2021.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T