Rajnish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48258 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== RAJNISH PANDEY Son of Late Kapilmuni Pandey Resident of village - Kaupa, P.S. Karakat, District - Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kalyan Shankar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-467, 468, 471/34 of the Indian Penal Code and Sections-25(i-b)a, 26, 35 of the Arms Act.

Prosecution case in short is that 79 live cartridges are said to have been recovered.

It has been submitted that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-03-2022. Charge sheet has already been

Patna High Court CR. MISC. No.48258 of 2022(2) dt.21-12-2022 2/2 submitted in this case. The petitioner has been made accused due to mistake of fact. 79 live cartridges are said to have been recovered in this case. There is no compliance of Section-100 of the Cr. P.C. The other co-accused has been granted bail by a coordinate bench of this court by order dated 18-10-2022 passed in Cr. Misc. No. 40631 of 2022.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Bihia P.S. Case No. 103 of 2022.

(Sudhir Singh, J) A.K.V.//- U T