Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48958 of 2023 Arising Out of PS. Case No.-552 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJNISH KUMAR Son of Rajeev Kumar @ Rajeev Kunwar Resident of Village-Itwa, Ward No. 16, P.S.-Singhaul, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 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 353 and 307 of the Indian Penal Code and Sections 25(1-b)A and 26 and 27 of the Arms Act.

3. As per prosecution case, on receiving a secret information that the informant along with police party chased and arrest and on the case of arrest fired on police party by the accused persons including the petitioner. On search, there has

Patna High Court CR. MISC. No.48958 of 2023(2) dt.10-08-2023 2/3 been recovery of one loaded country-made pistol, one live cartridge and Rs. 20,000/- from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedent. The seizure list prepared by the police has not followed the provision of Cr.P.C. He submitted that the allegation levelled against this petitioner is that he open fired upon the police but no one sustained gun-shot injury. He is languishing in judicial custody since 08.09.2022.

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 the 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 satisfaction of the learned Court below in connection with

Patna High Court CR. MISC. No.48958 of 2023(2) dt.10-08-2023 3/3 Begusarai Town P.S. Case No. 552 of 2022.

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