Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72271 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== ABDUL GAFFAR @ SUMAN @ LANGRA @ SUMAN LANGRA Son of Md. Hakim R/o Village- Suapakar, P.S.- Mushry (Ward No.01), DistrictSamastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 617 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== RAJU KUMAR Son of Late Ashok Sah @ Late Ashok Kumar Resident of Village - Harpur ailoth , Ward no.10, P.S.- Samastipur Muffasil, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72271 of 2021) For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP (In CRIMINAL MISCELLANEOUS No. 617 of 2022) For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of Arms Act.

Patna High Court CR. MISC. No.72271 of 2021(2) dt.08-06-2022 2/3 As per the prosecution case, on checking of the vehicles in question, it is stated that both the petitioners in the instant two applications were found in the car bearing registration no.BR06BP5687. It is stated that below the seat of petitioner-Abdul Gaffar a country made pistol and two live cartridges were recovered, besides other articles from other accused persons.

It is submitted by learned counsel appearing on behalf of the petitioner- Abdul Gaffar that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his conscious possession. He is in custody since 25.8.2021 and chargesheet has been submitted in the case. It is submitted by learned counsel appearing on behalf of the petitioner- Raju Kumar that even as per the FIR no incriminating article has been recovered from his conscious possession. He is in custody since 25.8.2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioners having remained in custody for 9 months and investigation in the case having concluded, the Court directs both the petitioners to be enlarged on bail in connection with Patepur P.S.

Patna High Court CR. MISC. No.72271 of 2021(2) dt.08-06-2022 3/3 Case no. 179 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Vaishali at Hajipur.

(Partha Sarthy, J) Bibhash/- U