Rishi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58479 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== MOHAN MAHTO S/O BHUNESHWAR MAHTO RESIDENT OF VILLAGELAKSHMINIYA, P.S.- BERURAJ, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60654 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== RISHI KUMAR S/O SHIVJEE SAH Resident of village- Kathauliya Birhima Bazar, P.S.- Baruraj, District- Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 58479 of 2022) For the Petitioner/s :
Mr.Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, APP (In CRIMINAL MISCELLANEOUS No. 60654 of 2022) For the Petitioner/s :
Mr.Deepak Sahay Jamuar, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Beruraj P.S. Case No. 108 of 2022, registered for the offences punishable under Sections- 399, 402, 414, of the
Patna High Court CR. MISC. No.58479 of 2022(3) dt.24-03-2023 2/3 I.P.C. & 25(1)(b)(a) of 26, 35 Arms Act and 8/20 (b)(ii)B of the N.D.P.S. Act.
As per allegation, the informant received confidential information that some accused persons were planning to commit serious offence. The police raided the place and apprehended four accused persons and others fled away. One country made pistol and one live cartridge were recovered from the possession of the petitioner Mohan Mahto. Similarly, two live cartridges were recovered from the possession of petitioner Rishi Kumar.
Learned counsel for the petitioners has submitted that they are the persons of clean antecedents and they are under custody since 05.06.2022.
Considering the clean antecedents as well as the period of detention, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Muzaffarpur in connection with Beruraj P.S. Case No. 108 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the
Patna High Court CR. MISC. No.58479 of 2022(3) dt.24-03-2023 3/3 court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) SONALI/- U T