Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46000 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== RAJA KUMAR son of Chhote Narayan Gupta Village- Mokari Ps- Arwal Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 35 and 26 of the Arms Act.

3. As per prosecution case, on receiving a secret information that one person kept illegal weapon, thereafter the police personnel reached at that place. On search, there has been recovery of two country-made pistol, one country-made revolver and fourteen live cartridges from the house of co-accused Chhote Narain Gupta @ Chhote Narian Gupta.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The seized articles recovered from the house of co-accused Chhote Narain Gupta @ Chhote Narian Gupta and the petitioner is the son

Patna High Court CR. MISC. No.46000 of 2023(2) dt.04-08-2023 2/2 of him. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case. He further submitted that from whose possession namely, Chhote Narain Gupta @ Chhote Narain Gupta, the incriminating article recovered has already been granted bail by a Co-ordinate Bench vide order dated 18.07.2023 passed in Cr. Misc. No. 25571 of 2023. He is languishing in judicial custody since 06.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Arwal P.S. Case No. 23 of 2023.

(Sunil Kumar Panwar, J) arish/- U