Patna High CourtCR. MISC./62151/2024bail granted

Rajan Kumar v. The State Of Bihar

2024-10-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62151 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Rajan Kumar, aged about 24 years, Male, Son of Shambhu Kushwaha @ Shambhu Prasad, Resident of Intwa Siraha, P.S.- Pakaridayal, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pakaridayal P.S. Case No. 195 of 2023 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol along with live cartridges and a motorcycle has been recovered from the accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that

Patna High Court CR. MISC. No.62151 of 2024(2) dt.18-10-2024 2/3 petitioner was not arrested at the spot and nothing incriminating article has been recovered from his conscious possession of the petitioner. He next submits that the name of the petitioner has been surfaced only on the basis of confessional statement of coaccused person namely Keshav Kumar. Petitioner is in custody since 20.05.2024,

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge, East Champaran at Motihari dated 19.07.2024, it appears that on the basis of written report of the informant FIR was registered against three accused persons including the present petitioner and the name of the petitioner surfaced only on the basis of confessional statement of coaccused Keshav Kumar, who was arrested at spot and from his possession one country made pistol and live cartridges were recovered. So considering all the aspects of the matter and no recovery from the conscious possession of the petitioner, I am inclined to grant bail to the petitioner. Accordingly the prayer for bail of the petitioner is allowed. 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 Additional Chief Judicial

Patna High Court CR. MISC. No.62151 of 2024(2) dt.18-10-2024 3/3 Magistrate-8th, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 195 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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