Rajkumar @ Raj Kumar @ Bhallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63182 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Rajkumar @ Raj Kumar @ Bhallu S/O Shankar Sah @ Shyam Babu Saw R/O Mohalla- Diwan Mohalla, Pato Ki Bag, P.S- Khajekalan, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1b)a,26 and 35 of the Arms Act and Sections 20 and 22 of the NDPS Act.

3. Prosecution case relates to recovery of one foldable knife and one iron fighter from the possession of the petitioner and from other co-accused persons, there has been recovery of ganja like narcotics substance while this petitioner

Patna High Court CR. MISC. No.63182 of 2023(2) dt.09-10-2023 2/3 along with other co-accused persons were making planning to commit crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern either with the seized ganja like substance or with the incriminating weapon which were recovered from other coaccused person not from the possession of this petitioner. There is no independent witness of the seizure list rather they are police personnel. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Industrial Area P.S. Case No. 73 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63182 of 2023(2) dt.09-10-2023 3/3 satisfaction of learned Spl. Judge, N.D.P.S. Act Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T