Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47331 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- MANSI District- Khagaria ====================================================== Rajeev Kumar, Son of Late Prakash Sada, Resident of village - Dhamhara, P.S.- Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Mansi P.S. Case No. 95 of 2025, registered for the alleged offence under Sections 25 (1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, during checking of vehicles, three persons on a motorcycle tried to run away seeing the police party. All of them were apprehended and the petitioner is one of the apprehended persons. From search of coaccused Gandhi Kumar, recovery of a country made pistol and a mobile phone was made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.47331 of 2025(2) dt.30-07-2025 2/3 case. Nothing incriminating has been recovered from the person/possession of this petitioner. The petitioner has been made accused merely on the ground that the motorcycle belongs to this petitioner, but the motorcycle belongs to the sister-in-law of the petitioner. The petitioner has been apprehended due to his association with the co-accused persons. The petitioner is in custody since 17.04.2025 and charge sheet has been submitted. The petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner, submission of charge sheet and his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Khagaria/court concerned, in connection with Mansi P.S. Case No. 95 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.47331 of 2025(2) dt.30-07-2025 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T