Raju Kumar @ Rajoo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48692 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
RAJU KUMAR @ RAJOO KUMAR S/O SHASHIKANT TIWARI R/o village- Rampurwa, P.S.- Govindganj, District- East Champaran 2.
NISHANT PATEL @ RAJESH KUMAR S/O SANJEET PATEL R/o village- Siswa Basantpur, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Adv.
Ms. Prerna Rishi, Adv.
For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
As per the prosecution case, on receiving information that the accused persons had gathered and were planning to give effect to an occurrence, it is stated that arms and ammunitions were recovered from the possession of the accused persons. From the possession of petitioner no.1, a folded knife and from the possession of petitioner no.2, a pistol like lighter was
Patna High Court CR. MISC. No.48692 of 2021(2) dt.16-02-2022 2/2 recovered.
It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the petitioners possession who have been falsely implicated in the case. The petitioners are in custody since 13.1.2021 and have no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over 1 year, the Court directs the two petitioners to be enlarged on bail in connection with Govindganj P.S. Case no.17 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.
(Partha Sarthy, J) Saurabh/- U T