Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52847 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- Ratanpur District- Begusarai ====================================================== Rahul Kumar Son of Rajesh Kumar Singh @ Rajesh Kumar, R/o Mohalla -Sarvoday Nagar, Ward No 40, Ps- Nagar District -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ratanpur P.S. Case No. 31 of 2025 dated-12.04.2025, registered for the offences punishable under Sections 310(4)(5), 318(4) and 317(5) of B.N.S. and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per allegation, one country made pistol and one motorcycle have been recovered from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, no illegal arms has been recovered from the possession of the petitioner and search and seizure of the alleged arms has not been prepared as per law. He further submits that investigation has already been completed and charge-sheet has been submitted. He also

Patna High Court CR. MISC. No.52847 of 2025(2) dt.11-08-2025 2/3 submits that petitioner is a student of Graduation and his studies getting hampered due to he being in custody.

5. He further submits that the petitioner has been languishing in jail since 13.04.2025.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Ratanpur P.S. Case No. 31 of 2025, on the following conditions:

(I) The petitioner must be present before the Trial Court on the date fixed for charge, failing which his bail bond would be cancelled.

(ii) The petitioner will make himself available for

Patna High Court CR. MISC. No.52847 of 2025(2) dt.11-08-2025 3/3 interrogation by a police officer/court as and when required. (iii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iv) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (v) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(vi) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T