Rahul Kumar @ Kala Nag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46175 of 2023 Arising Out of PS. Case No.-863 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rahul Kumar @ Kala Nag S/O Gabbar Paswan @ Satyanarayan Paswan R/O Village- Chak Baladhari, Panapur Gaurahi, Ps. Hajipur Sadar, Dist. Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== 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 399/402/414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the informant receiving a secret information that 5-7 miscreants are planning in the mango orchard to loot, then the informant along with other police personnel reached at that place, after seeing the police party the miscreants started to flee away but two miscreants apprehended and three managed to flee away. The apprehended miscreants disclosed their name Chandan Kumar @ Bhola and Veeru

Patna High Court CR. MISC. No.46175 of 2023(2) dt.04-08-2023 2/3 Paswan and on search, there has been recovery of one countrymade pistol from the waist of co-accused Chandan Kumar, two live cartridges from co-accused Veeru Paswan and the police has recovered one motorcycle also.

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 name of the petitioner has come into light, on the basis of confessional statement of co-accused, who apprehended on spot. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the petitioner has been remanded in the present case from another case. He is languishing in judicial custody since 13.01.2023.

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 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

Patna High Court CR. MISC. No.46175 of 2023(2) dt.04-08-2023 3/3 satisfaction of the learned Court below in connection with Hajipur Sadar P.S. Case No. 863 of 2022.

(Sunil Kumar Panwar, J) arish/- U T