Patna High CourtCR. MISC./39807/2023allowed

Rahish Kumar v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39807 of 2023 Arising Out of PS. Case No.-826 Year-2022 Thana- FATUA District- Patna ====================================================== Rahish Kumar Son Of Bitani Prasad Resident Of Village - Jaynandpur, P.S.- Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 413/34 of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 8(C)/20/22 of the NDPS Act.

There is recovery of one country made pistol and cash of Rs. 6000/- from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.39807 of 2023(2) dt.14-07-2023 2/2 been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms or contraband. The petitioner is languishing in custody since 14.11.2022. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Patna in connection with Special Case No. 11 of 2023, arising out of Fatuha P.S. Case No. 826 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T