Rajesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36195 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- KHARIK District- Bhagalpur ====================================================== Rajesh S/o Jiya Ram Resident of Village- Bhojpur, Narainpur, P.S.- Kadarchuk, District- Budavn (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kharik P.S Case no.302 of 2024 registered under sections 310(4), 310(5), 111(4) and 111(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on having received secret information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. It is further stated that while others managed to escape, seven accused persons including the petitioner herein were caught. While other incriminating articles were recovered from the possession of others, from the possession of the petitioner, an iron rod was recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36195 of 2025(2) dt.11-06-2025 2/2 petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from the petitioner's possession and he has been framed in the case. He is in custody since 28.12.2024 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the material that has transpired in course of investigation as evident from the order of the learned trial Court, the petitioner having remained in custody for over 5 months since 28.12.2024 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kharik P.S Case no.302 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Naugachia at Bhagalpur. (Partha Sarthy, J) Shiv/- U T