Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46001 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== RAJESH KUMAR S/O DHIRENDRA PRASAD YADAV R/O VillageParwa Navtol, Ward No. 12, Bishunpur Sant Nagar, P.S- Murliganj, DisttMadhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== 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 399, 402 and 414 of the Indian Penal Code, Sections 25(1-b)A, 35 and 26 of the Arms Act and Sections 18(a), 20(a) and 22(a) of the N.D.P.S. Act.

3. As per prosecution case, six miscreants were riding on two motorcycles seeing the police party tried to flee away but after chase six miscreants out of three miscreants have apprehended. It is further alleged that on search, a mobile has been recovered from the possession of petitioner and other incriminating articles from other co-accused persons and 380 gram Ganja has recovered from the said motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.46001 of 2023(2) dt.04-08-2023 2/2 committed no offence. Petitioner has apprehended on spot. The petitioner has no concern with the seized/incriminating articles. No incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 05.07.2023 passed in Cr. Misc. No. 36896 of 2023. He is languishing in judicial custody since 04.03.2023.

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 Singheshwar P.S. Case No. 49 of 2023.

(Sunil Kumar Panwar, J) arish/- U