Patna High CourtCR. MISC./48556/2024bail granted

Rakesh Kumar @ Chunnu Thakur v. The State Of Bihar

2024-07-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48556 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Rakesh Kumar @ Chunnu Thakur Son of Late Kailash Thakur R/O Mohalla - Gannipur, P.S.- Kazimohammadpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kazi Muhammadpur P.S Case No. 119 of 2024 dated 07.04.2024 registered for the offence punishable u/s 384 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of Arms Act.

3. As per the prosecution case, one country-made pistol, four live cartridges, 5 mobiles and a laptop were recovered from the room of the petitioner's house.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has antecedent of six

Patna High Court CR. MISC. No.48556 of 2024(2) dt.16-07-2024 2/2 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Kazi Muhammadpur P.S. Case No. 119 of 2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U