Rahul Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63640 of 2017 Arising Out of PS. Case No.-471 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rahul Kumar @ Lalu, Son of Krishna Singh @ Krishn Singh, resident of Village- Iniyar, P.S. Mufassil (Lakho), District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 09.10.2017 in connection with Mufassil (Lakho) P.S. Case No. 471 of 2017 registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that the petitioner was apprehended by the police and on search, he was found to be in possession of one loaded country made pistol and five live cartridges. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.63640 of 2017(3) dt.12-02-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and no overt act has been alleged against him. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. In fact, because of being on inimical terms with the co-villagers, he has been falsely implicated in the present case. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Mufassil (Lakho) P.S. Case No. 471 of 2017, subject to the condition that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file

Patna High Court Cr.Misc. No.63640 of 2017(3) dt.12-02-2018 3/3 affidavit stating their relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T