Raja Kumar @ Raja Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39068 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Raja Kumar @ Raja Paswan S/O Uday Paswan R/O Village-Manpur Gandhi Nagar, P.S.- Muffasil, Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gaya Mufassil P.S. Case No. 15 of 2024 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act. 3.

Prosecution case in a nutshell is that there is recovery of three mobile phones, one country made pistol and three live cartridges from possession of the co-accused. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-01-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.39068 of 2024(2) dt.21-06-2024 2/2 case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms. Other co-accused has been granted bail by this Court vide order dated 06-05-2024, passed in Cr. Misc. No. 34726 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Gaya Mufassil P.S. Case No. 15 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T