Rajkapoor Ram @ Raj Kapoor Ram @ Raj Kapur Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49974 of 2022 Arising Out of PS. Case No.-317 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Vicky Kumar Son Of Bhihari Paswan @ Bhikhan Paswan Resident Of Village - Sahjadpur Andarkila, P.S.- Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51146 of 2022 Arising Out of PS. Case No.-317 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Rajkapoor Ram @ Raj Kapoor Ram @ Raj Kapur Ram Son Of Late Rajkumar Paswan Resident Of Village - Chaudhary Mubarak Ali Nunfar, P.S.- Hajipur Town, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52588 of 2022 Arising Out of PS. Case No.-317 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Md. Mahtab @ Raja Son Of Md. Mustaqu R/O Village- Mittha Kuan Gadhi, P.S.- Hajipur Town, District- Vaishali Connection With Hajipur Town P.S. Case No.-317/2022 ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49974 of 2022) For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Damodar Prasad Tiwary (In CRIMINAL MISCELLANEOUS No. 51146 of 2022) For the Petitioner/s :

Mr.Anuj Kumar, Mrs. Sangita :

Mr.Aditya Pandeya For the Opposite Party/s :

Mr.Md. Mushtaque Alam (In CRIMINAL MISCELLANEOUS No. 52588 of 2022) For the Petitioner/s :

Mr.Kaushal Kishor

Patna High Court CR. MISC. No.49974 of 2022(3) dt.19-01-2023 2/3 For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Hajipur Town P.S. Case No. 317 of 2022 registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act.

Allegedly, prosecution case relates to recovery of two loaded country made pistols along with two live cartridges from possession of petitioners namely, Md. Mahtab & Vicky Kumar separately and a knife also recovered from petitioner Rajkapoor Ram.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case on. Petitioners have no concern with the alleged recovery of weapons or with the place of occurrence. It is further submitted that the informant has not prepared seizure list before the independent witness. The petitioners are languishing in judicial custody since 21.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.49974 of 2022(3) dt.19-01-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Hajipur Town P.S. Case No. 317 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,Vaishali. (Sunil Kumar Panwar, J) amandeep/- U T