Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73621 of 2024 Arising Out of PS. Case No.-350 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Rajan Kumar son of Pramod Kumar @ Pramod Sah village -Kushhar, P.S. -Tariyani, Dist. - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumra P.S. Case No. 350 of 2024 instituted for the offences under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023, 25(1-b)a, 26, 35 of the Arms Act and 20, 21, 22, 23, 24 of the N.D.P.S. Act.

3. As per prosecution case, one loaded country-made pistol was recovered from the possession of this petitioner. A loaded country-made pistol with live cartridge and smack weighing total 42 grams kept in 100 packets were also recovered from the co-accused Raju Kumar.

Patna High Court CR. MISC. No.73621 of 2024(4) dt.06-12-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 13.08.2024 and has one criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner and he has got no concern either with the alleged recovery of arms or the contraband. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. The co-accused person has already been granted bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 77139 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.73621 of 2024(4) dt.06-12-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Dumra P.S. Case No. 350 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T