Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70762 of 2022 Arising Out of PS. Case No.-381 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Rahul Kumar, Son of Vinod Rai R/o Village - Chaknoor, P.S. - Muffasil Samastipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-B) a/26/35 of the Arms Act. Prosecution case relates to recovery of one countrymade pistol and two live cartridges were recovered from the possession of the petitioner and other co-accused persons. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He further submitted that the petitioner has falsely been implicated in this case due to illegal demand made by police party. Only on the basis of suspicion the name of the petitioner has come into light in this case. There is no sufficient

Patna High Court CR. MISC. No.70762 of 2022(3) dt.21-03-2023 2/2 material available on record against the petitioner and as such prima facie no case is made out against the petitioner at all. It is also submitted that petitioner is languishing in judicial custody since 08.06.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 381 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T