Rahul Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64070 of 2021 Arising Out of PS. Case No.-612 Year-2021 Thana- ARARIA District- Araria ====================================================== Rahul Kumar @ Rahul Son of Mahendra Yadav Resident of Village - Kharaiya Basti, Ward No.- 10, P.S. and District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Araria P.S. Case No. 612 of 2021, registered for the offence under Section 414 / 34 of the Indian Penal Code and Section 25(1)(1A)(1B)A / 26 / 35 of the Arms Act.

One country-made pistol, three live cartridges and two mobile phones have been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and no incriminating article has been recovered from his conscious possession. It is further submitted that no theft / stolen article has been recovered from the possession of the petitioner and as such, Section 414/34 of the I.P.C. is not attracted against him. Petitioner is in custody since 19.07.2021. Investigation is complete.

Patna High Court CR. MISC. No.64070 of 2021(2) dt.22-02-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Araria P.S. Case No. 612 of 2021.

(Prabhat Kumar Singh, J) anay/- U T