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Patna High CourtCR. MISC./38803/2024dismissed

Rahul Kumar @ Jhandu v. The State Of Bihar

2024-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38803 of 2024 Arising Out of PS. Case No.-600 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rahul Kumar @ Jhandu Son of Late Arjun Prasad Resident of Naya Bazar, Kabiya Road, Bayamshala Gali, Ward No.- 25, P.S.- Kabaiya, Distt.- Lakhisarai (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail as, earlier the bail application of the petitioner was rejected vide order dated 24.01.2024 passed in Cr. Misc. No. 2660 of 2024 which reads as under:- Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 600 of 2023 registered for the offence under Section 401 of the Indian Penal Code, under Section s-25 (1-b)A, 25(1-A), 25(1-AC), 26(i)/35 of the Arms Act and 4/5 of Explosive Substance Act.

3. As per the prosecution case, a huge recovery of Arms and Ammunition including Pistol of prohibited bore, hand grenade etc has been recovered from one Govinda. Contract killers were hired to kill a person and the petitioner is said to have made available two pistols and one hand grenade to the contract killers. The Police got lucky and got the

Patna High Court CR. MISC. No.38803 of 2024(2) dt.19-07-2024 2/2 information about the same and thereafter the entire conspiracy has been found-out.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 11.08.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that the petitioner is accused in two more cases of murder, extortion and cheating.

7. Considering the materials available on record and also considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner, though, one co-accused has been granted bail by this Court.

8. Accordingly, this application is rejected.

9. The District Judge, Lakhisarai is directed to expedite the trial of all the cases pending against the petitioner.

10. Let a copy of this order be communicated to the District Judge, Lakhisarai through FAX and email for its compliance.

3. Upon perusal of the impugned order and upon perusal of the materials available on record, I find no new ground to grant bail to the petitioner.

4. Accordingly, this application is dismissed and the trial is directed to be expedited.

(Sandeep Kumar, J) Vikas/- U T