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Patna High CourtCR. MISC./62285/2023allowed

Rahul Kumar @ Mahendra Kumar @ Nanhki v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62285 of 2023 Arising Out of PS. Case No.-292 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Rahul Kumar @ Mahendra Kumar @ Nanhki S/O Ramesh Mahto Village Salehpur, Ps- Mohammadpur, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402, 414/34 of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 8/20(b)(ii)A of the N.D.P.S Act.

There is recovery of one country made pistol and one live cartridge from the possession of the petitioner.

Patna High Court CR. MISC. No.62285 of 2023(3) dt.13-12-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized arms, vehicle or the apprehended accused persons. The petitioner is languishing in custody since 10.07.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gopalganj in connection with Barauli P.S. Case No. 292

Patna High Court CR. MISC. No.62285 of 2023(3) dt.13-12-2023 3/3 of 2023.

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