Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50399 of 2017 Arising Out of PS.Case No. -393 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Raushan Kumar S/o Raj Kumar Yadav, R/o Village-Bari Kothiya, P.S. Muffasil (Khagaria), District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Khagaria (Muffasil) P.S. Case no. 393 of 2017 registered for the offence punishable under Section 25(1-b)a 26/35 of the Arms Act.

On the tip off of assembling of accused persons for committing offence, the police personnel arrived on the place of occurrence and on chase, arrested the petitioner and recovered and seized one country made pistol and three live cartridges from his possession.

It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. The petitioner happens to be

Patna High Court Cr.Misc. No.50399 of 2017 (2) dt.18-10-2017 2/2 student and he has been falsely implicated in the case at the instance of his uncle who is on inimical term. The examination of the petitioner for recruitment of the Police Constable is scheduled to be held on 22.10.2017. The petitioner has been languishing in custody since 08.06.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Simmi Kujur learned Judicial Magistrate, 1st Class, Khagaria in connection with Khagaria (Muffasil) P.S. Case no. 393 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T