Patna High CourtCR. MISC./64985/2024allowed

Rahul Kumar @ Banti Yadav v. The State Of Bihar

2024-10-26Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64985 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Rahul Kumar @ Banti Yadav, Son of Ravindra Kumar Singh @ Ravindra Yadav , Resident of village- Musafirganj, P.S.- Buxar (Town), Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Buxar (Muffasil) P.S. Case No. 158 of 2024 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, one loaded country made pistol along with cartridge was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Both the seizure list witness are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is having

Patna High Court CR. MISC. No.64985 of 2024(3) dt.26-10-2024 2/2 criminal antecedent of 8 cases out of which, he is on bail in 6 cases. He is in judicial custody since 18.05.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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, Buxar in connection with Buxar (Muffasil) P.S. Case No. 158 of 2024 with a condition:- (i) That the petitioner shall not indulge in similar nature of the offence in future.

(Ashok Kumar Pandey, J) lata/- U T