Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36896 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Raja Kumar S/O Sri Ramesh Kumar Yadav @ Ramesh Yadav R/O Parwa Navtol, Ward No. 12, P.S- Murliganj, Distt.- Madhepura. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Shingheshwar P.S. Case No. 49 of 2023 dated 04.03.2023, instituted for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 03.03.2023, one country-made pistol and one live cartridge (8MM KF) were recovered from the conscious possession of the petitioner, namely, Raja Kumar. It is further alleged that on search of their motorcycle bearing Registration No. (BR-4341833) 380 gms of Ganja were recovered from beneath the seat and alleged persons were unable to produce requisite documents of the said motorcycle.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36896 of 2023(2) dt.05-07-2023 2/2 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner has no concern with the seized motorcycle. It is further submitted that petitioner has been arrested and made accused in the present case merely on the basis of suspicion. Lastly, it has been submitted that no incriminating articles have been recovered from the conscious possession of the petitioner and is in custody since 04.03.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, N.D.P.S. Act, Madhepura in connection with Singheshwar P.S. Case No. 49 of 2023. (Khatim Reza, J) annpurna/- U T