Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33902 of 2019 Arising Out of PS. Case No.-608 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAKESH KUMAR Son of Chhotelal Sah, Resident of Village - Mathia Jairat Chhatauni, P.S.- Chhatauni, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with NDPS Case No. 51 of 2018 arising out of Motihari P.S. Case No. 608 of 2018 for the offences punishable under Sections 399, 402, 120(B), 414 of the Indian Penal Code and Sections 25(1b)A, 26, 35 of the Arms Act and Sections 16, 20, 22 and 23 of the NDPS Act.

The allegation is regarding the police having apprehended the accused persons after receiving secret information that they were planning to commit loot at the premises of a businessman, whereupon search was made in presence of independent witnesses and as far as the

Patna High Court CR. MISC. No.33902 of 2019(3) dt.17-08-2019 2/2 petitioner is concerned, one loaded country made pistol with one live cartridge was recovered.

The learned counsel for the petitioner submits that the petitioner is having a clean antecedent and is languishing in custody since 31.08.2018. It is further submitted that the petitioner is innocent and he has been falsely implicated in the present case.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions, Motihari in connection with NDPS Case No. 51 of 2018 arising out of Motihari Town P.S. Case No. 608 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T