Patna High CourtCR. MISC./55583/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-08-30Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55583 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- KHAIRA District- Saran ====================================================== Rahul Kumar S/O Satyendra Kumar Rai @ Satendra Ray R/O Village- Hare Ram Ke Tola, Ps. Khaira, Dist. Saran At Chapra ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Khaira P.S. Case No. 134 of 2023 dated 10.04.2023, instituted for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Allegation is recovery of one live cartridge and a VIVO Mobile Phone (Mobile Phone was purchased by the petitioner) from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the petitioner has been implicated with false allegation in the present case, the only

Patna High Court CR. MISC. No.55583 of 2023(2) dt.30-08-2023 2/2 reason behind it is that when the raid was conducted, he was passing through by the side of the place of occurrence and was caught merely on the basis of suspicion. Lastly, it has been submitted that the petitioner is in custody since 10.04.2023 has no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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 Judicial Magistrate - 1st Class, Saran at Chapra in Khaira P.S. Case No. 134 of 2023.

(Khatim Reza, J) Shanu/- U T