Raushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.51587 of 2015 (3) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51587 of 2015 Arising Out of PS.Case No. -232 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Raushan Kumar son of Yogendra Bhagat @ Jogendra Bhagat resident of Haharo, Police Station - Belsar, O.P. Vaishali, District - Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dilip Kumar Singh For the Opposite Party : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Lalganj P.S. Case No. 232 of 2015, registered under section 379 of the Indian Penal Code and 25 (1-b) a/26/35 of the Arms Act. The prosecution case is that the petitioner was apprehended by police party, when he was trying to lift the motorcycle and one loaded pistol was recovered from his possession.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is in custody since 08.08.2015. It is further submitted that the seized country made pistol was recovered from the possession of the

Patna High Court Cr.Misc. No.51587 of 2015 (3) dt.22-12-2015 petitioner, which was found not in working condition, as the trigger was free in the test, which appears from the report dated 16.09.2015.

Having regard to the facts and circumstances of the case, the petitioner Raushan Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali (Hajipur) in connection with Lalganj P.S. Case No. 232 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J.) Amit/- U