Rajnish Kumar @ Jyoti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58904 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Mathurapur District- Samastipur ====================================================== Rajnish Kumar @ Jyoti aged about 21 years, Male, S/o Raj Kumar Mahto Resident of Village - Lagunia Raghukanth, P.S. - Samastipur, Muffasil - Dist.- Samastipur, State - Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mathurapur P.S. Case No. 12 of 2025, dated 19-01-2025, registered for offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The allegation is of the recovery of a loaded pistol with two live cartridges and a mobile phone of Samsung Company.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that as per the case of

Patna High Court CR. MISC. No.58904 of 2025(2) dt.27-08-2025 2/3 prosecution, seven persons, including the petitioner, were apprehended at the spot. It is next submitted that no incriminating articles have been recovered from the conscious possession of the petitioner. It is also contended that he has been made an accused in this case merely on account of his past criminal antecedents. Lastly, it is submitted that 12 criminal cases are pending against him and he has been in judicial custody since 20.01.2025.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Samastipur, in connection with Mathurapur P.S. Case No. 12 of 2025, GR.No. 285 of 2025, Sessions Trial No.233 of 2025 subject to the following conditions:-(i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own

Patna High Court CR. MISC. No.58904 of 2025(2) dt.27-08-2025 3/3 blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T