Rahul Patel @ Dimond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55481 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- BEUR District- Patna ====================================================== Rahul Patel @ Dimond Son of Rajkumar Patel R/O at Mohalla- Kathautiya Gali, Chowk Patna City, P.s.- Chowk, P.O.- Jhauganj, Dist.- Patna, Bihar, 800008 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Beur P.S. Case No. 821 of 2023 instituted for the offences under Sections 414/467/468/471of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

3. As per prosecution case, the police has recovered one illegal country-made pistol of 7.65 mm loaded with four live cartridges in magazine, one misfire cartridge along with a blue colour mobile from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has

Patna High Court CR. MISC. No.55481 of 2024(2) dt.14-08-2024 2/2 surfaced in this case on the basis of the disclosures made by the co-accused Pravin Kumar @ Jhunnu Singh in another case being Beur P.S. Case No. 814 of 2023. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has three criminal antecedents and is languishing in judicial custody since 10.12.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beur P.S. Case No. 821 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T