Patna High CourtCR. MISC./49970/2023bail granted

Rajesh Kumar v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49970 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Rajesh Kumar S/O Rajendra Prasad Singh R/O Village- Jagdish, P.S.- Saraiya (jaitpur O.P.), District- Muzaffarpur. At Present Adarsh Gram Bairiya, P.S.- Ahiapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 248 of 2023 registered for the offence under Sections 272, 273, 34 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act and under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol and one live cartridge was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 02.05.2023, he is quite innocent and has not committed any offence.

Patna High Court CR. MISC. No.49970 of 2023(2) dt.19-08-2023 2/2

5. Learned counsel for the petitioner further submits that nothing has been recovered from the conscious possession of the petitioner.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail after completing six months in custody and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise) Court No.-II, Muzaffarpur/concerned Court below in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 248 of 2023.

(Sandeep Kumar, J) Shishir/- U T