Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53617 of 2022 Arising Out of PS. Case No.-155 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Rajeev Kumar Son of Late Mashudan Singh Resident of village - Jaitpur Thakurbari Tola, P.S.- Barahiya, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Barahiya P.S. Case No. 155 of 2022 registered under Section 25(1-B)a/26/35 of the Arms Act.

It is alleged that 4 live cartridges of 9 mm have been recovered from the hut of the petitioner.

He has remained in custody since 13.07.2022 having no criminal antecedent, as per submission of the petitioner's counsel. It is further submitted that the co-accused Nitish

Patna High Court CR. MISC. No.53617 of 2022(2) dt.23-12-2022 2/2 Thakur, who was also found in the hut along with the petitioner, has been allowed bail in Cr. Misc. No. 54033 of 2022. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court is inclined to allow the prayer for bail.

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 learned Chief Judicial Magistrate, Lakhisarai in Barahiya P.S. Case No. 155 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T