Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49477 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- AMNAUR District- Saran ====================================================== Rahul Kumar S/O Anjani Kumar Verma R/O Village- Marhowrah Khas, P.SMarhowrah, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-09-2025 Heard the parties.

2. The petitioner seeks bail in connection with Amnaur P.S. Case No. 82 of 2025 registered for the offence under Sections 310(4), 310(5), 310(6), 61(2) of BNS and Section 25(1-B)(a), 25(1-AA), 26 and 35 of Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 25.03.2025.

4. The allegation against the petitioner is to involve in preparation of dacoity alongwith other co-accused who apprehended in raid and also found in possession of three live cartridges and a mobile.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.49477 of 2025(2) dt.10-09-2025 2/3 petitioner submitted that nothing transpired during investigation on the basis of which it can said that petitioner was involved in preparation for dacoity. It is submitted that petitioner found in possession of three live cartridge without any fire arms, which indicates that he was implicated falsely with present case and merely as he found in possession of three cartridges, it cannot be said prima-facie that it was the preparation for dacoity. It is submitted that the mobile which was seized from the petitioner was his personal mobile having no connection with alleged occurrence. While concluding the argument, it is submitted that petitioner found involved in one more criminal case where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact implication of this petitioner prima-facie appears for the reason that he found in possession of three live cartridge, coupled with fact that investigation of this case

Patna High Court CR. MISC. No.49477 of 2025(2) dt.10-09-2025 3/3 already completed, where petitioner remains in custody since 25.03.2025, accordingly petitioner above named, is directed to be released on bail in connection with Amnaur P.S. Case No. 82 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Saran at Chapra /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T