Patna High CourtCR. MISC./48590/2024bail granted

Rajeev Kumar @ Bittu v. The State Of Bihar

2024-07-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48590 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- JAKKANPUR District- Patna ====================================================== Rajeev Kumar @ Bittu Son Of Pramod Kumar Village- Rako Bijlee Gate, PsMuffasil, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jakkanpur P.S. Case No. 108 of 2024, instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, one country made pistol and one live cartridge have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.48590 of 2024(2) dt.24-07-2024 2/2 further submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner has been arrested on the basis of suspicion. The petitioner is in custody since 29.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jakkanpur P.S. Case No. 108 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T