Patna High CourtCR. MISC./54001/2024bail granted

Raj Kumar v. The State Of Bihar

2024-08-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54001 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- BIHTA District- Patna ====================================================== Raj Kumar S/o Ram Raj Prasad R/o vill - Simri Nawada, P.S. - Bihta, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

3. As per allegation in the FIR, it is a case of recovery of one country made pistol, three empty cartridges and one live cartridge from the possession of the petitioner. It is further alleged that Rs.98,000/- was also recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no independent witness of seizure list and

Patna High Court CR. MISC. No.54001 of 2024(2) dt.09-08-2024 2/2 no evidence against the petitioner to show the complicity of the alleged offence and no evidence has been submitted by the bank for the alleged recovered money He next submits that investigation has already been concluded, accordingly chargesheet has been submitted against the present petitioner as mentioned in the impugned order dated 03.06.2024. Petitioner is in custody since 21.03.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Under the aforesaid facts and circumstances of the case, let the above named petitioner 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 ACJM-I, Danapur in connection with Bihta P.S. Case No.286 of 2024.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T