Rajnish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70014 of 2022 Arising Out of PS. Case No.-497 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== RAJNISH KUMAR SINGH Son of Ranjay Singh R/v- Temura, P.S.- Pauthu, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Aurangabad Town P.S. Case No.497 of 2022, registered for the offences punishable under Section 37 of the Bihar Excise Prohibition and Amendment Act, 2018 and Section 25(1-b)a/ 26 of the Arms Act.

The allegation is regarding the police having apprehended the petitioner and one country made pistol and seven live cartridges were recovered.

The learned counsel for the petitioner

Patna High Court CR. MISC. No.70014 of 2022(2) dt.09-02-2023 2/3 has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 12.08.2022. The learned counsel for the petitioner has further submitted that the petitioner is having a fair antecedent, inasmuch as he is an accused in only one another criminal case. The learned counsel for the petitioner has also submitted that considering the period of incarceration of the petitioner herein, a sympathetic view be taken.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.70014 of 2022(2) dt.09-02-2023 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, 1st, Aurangabad (Bihar) in connection with Aurangabad Town P.S. Case No.497 of 2022.

(Mohit Kumar Shah, J) kanchan/sonalU T