Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32749 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- HATHIDAH District- Patna ====================================================== RAJA KUMAR S/o Singheshwar Mahto @ Sikandar Mahto Resident of Village-Simariya Ghat Bind Toli, P.S.-Chakiya, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Ram Sumiran Rai, learned counsel for the petitioner and Mr. Nagendra Prasad, learned counsel for the State through video conferencing.

2. Petitioner seeks regular bail in connection with Hathidah PS Case No. 97/2019 registered for the offence punishable under Sections 399, 402 of the IPC and Section 25 (1-b) a/26/35 of the Arms Act.

3. The allegation, as per First Information Report, is that the police, on getting secret information that some unknown miscreants are planning to commit crime, reached to the place of occurrence and recovered two live cartridges from the pocket of petitioner and from the possession of other co-accused persons loaded pistols and cartridges were also recovered.

4. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedents and he has falsely

Patna High Court CR. MISC. No.32749 of 2020(2) dt.07-12-2020 2/2 been implicated in this case by the police with oblique motive. Learned counsel further submits that only two live cartridges have been recovered from the possession of the petitioner and he is in custody since 21.11.2019.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 21.11.2019, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, Raja Kumar 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 Additional Sessions Judge-3rd, Barh, Patna in connection with Hathidah PS Case No. 97/2019 (Sessions Trial No. 188/2020).

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T