Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76881 of 2024 Arising Out of PS. Case No.-454 Year-2024 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Rahul Kumar S/O Dinesh Yadav R/O- Jagir Chakla, P.S- Dhailad, DistMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Katihar Sahayak P.S. Case No. 454 of 2024 registered for the offence punishable under Sections-414, 399, 402, 323, 307, 353, 332 of the Indian Penal Code, 25 (1-b)a/26/27/35 of the Arms Act and 8 ©/21(a) of the N.D.P.S. Act.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence and apprehended four miscreants including the petitioner. In course of search, one country-made pistol, three live cartridges a mobile set and 20 small packets of smack was recovered from the possession of the co-accused Kalua @ Gurudev Sah whereas from possession of petitioner, one motorcycle and two mobile sets were recovered.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.76881 of 2024(2) dt.11-02-2025 2/2 the petitioner is innocent and he has falsely been implicated in this case. The alleged smack was not recovered from possession of the petitioner. It is said to have been recovered from possession of the co-accused, Md. Kalua @ Gurudev Sah. The petitioner is under custody since 09-06-2024 and he is a person of clean antecedent.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Katihar Sahayak P.S. Case No. 454 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

7. Before accepting the bail bonds, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any case other than the present one, his bail bonds shall not be accepted.

(Nawneet Kumar Pandey, J) A.K.V.//- U T