Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49535 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== RAUSHAN KUMAR, age about 26 years (Male), Son of Nawal Kishor @ Naval Kishor Prasad, Resident of Mohalla - Ramdhanpur Pahli Gali, P.S.- Kotwali, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

M/S. Sanjeev Kumar, Priya Ranjan and Agreya Prata, Advocates.

For the Opposite Party :

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 09.05.2019 in a case for the offence registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on 08.05.2019 at about 10.00 P.M., when the informant alongwith other police personnels was on night patrolling and when they reached at Ram Rupi Kanya Vidyalaya at about 5.15 A.M. then saw that two persons were trying to run away to see the vehicle of the police and after chasing both were caught and searched. During search of the petitioner, one .38 bore Revolver alongwith four live cartridges were recovered from his possession and he did

Patna High Court CR. MISC. No.49535 of 2019(2) dt.08-08-2019 2/2 not produce any license for having legal possession of it. During search of another co-accused person, two Bullets were recovered from his possession.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. During search, one Revolver alongwith four live cartridges is alleged to have been recovered from possession of the petitioner. There is no compliance of Section 100 Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Gaya, in connection with Kotwali P.S. Case No. 210 of 2019. (Sudhir Singh, J) U.K./- U T