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Patna High CourtCR. MISC./70655/2022bail granted

Rajesh Bharti @ Rajesh Ranjan v. The State Of Bihar

2023-03-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70655 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Rajesh Bharti @ Rajesh Ranjan S/o Lalbabu Mahto R/v- Sonbarsa, Ward No. 11, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Bajpatti P.S. Case No. 13 of 2022 lodged under Sections 399, 402, 413, 414 of the I.P.C. read with Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 8/ 20(b)(ii)(c)/ 22 of N.D.P.S. Act. As per the prosecution case, the police party have reached upon secret information and apprehended the accused persons and from three of them, arms and live cartridges were recovered, who have disclosed the name of the present petitioner in this case.

Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.70655 of 2022(2) dt.25-03-2023 2/2 the main contents of the F.I.R., it transpires that there were 13 named persons, not the present petitioner, rather the name of brother of the petitioner Brajesh Bharti is there but reason best known to the police, the police have inserted the name of the petitioner in accused column only. Counsel submits that there is one case pending against the petitioner in which he is on bail and he is in custody since 23.06.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of 2nd Additional District & Sessions Judge-cum-Special Judge, Sitamarhi in N.D.P.S. Case (Tr. No. 88 of 2022) arising out of Bajpattti P.S. Case No. 13 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T