Patna High CourtCR. MISC./76848/2023bail granted

Raja @ Kishan Raut v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76848 of 2023 Arising Out of PS. Case No.-415 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== RAJA @ KISHAN RAUT Son of Late Ghuran Raut R/o vill - Jankiasthan, Noniatola, P.S. - Sitamarhi, Dist.- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Smt. Divya Bharti, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sitamarhi P.S. case No. 415 of 2023 instituted for the offences under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution allegation, in short, is that the one knife and one mobile have been recovered from the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.05.2023 and has one criminal antecedent in which he is on bail. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. Learned counsel for the

Patna High Court CR. MISC. No.76848 of 2023(2) dt.04-12-2023 2/2 petitioner submits that there is no recovery of arms from the possession of the petitioner. There is no recovery of looted articles from the possession of the petitioner.

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 and 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 the like amount each to the satisfaction of Court below/concerned Court in connection with Sitamarhi P.S. case No. 415 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T