Rahul Kumar @ Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40425 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== RAHUL KUMAR @ RAHUL YADAV SON OF GOVIND YADAV RESIDENT OF VILLAGE- SANTGHAT, PS- BETTIAH (T), DISTRICTWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard the parties.

The petitioner is in custody since 26.02.2023 in connection with Bettiah (T) P.S. Case No. 138 of 2023 for the offence punishable under Sections 25(1-b)a/26 of the Arms Act lodged on 26.02.2023 by the informant Jharilal Yadav As per the prosecution story, a video was viral showing the petitioner having illegal country made revolver in his hand.

Subsequently, police apprehended and on search the house on the disclosure of the petitioner, found country made pistol and cartridge. Accordingly the F.I.R.

Taking into account the aforesaid facts as also that he is 19 years of age in custody since 26.02.2023 (as stated in

Patna High Court CR. MISC. No.40425 of 2023(2) dt.21-07-2023 2/3 paragraph 1 in the bail application) and do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Bettiah, West Champaran in connection with Bettiah (T) P.S. Case No. 138 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

Patna High Court CR. MISC. No.40425 of 2023(2) dt.21-07-2023 3/3 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U T