Golu Rai @ Rajesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71060 of 2022 Arising Out of PS. Case No.-652 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Golu Rai @ Rajesh Kumar Rai Son Of Umesh Rai @ Putul Rai R/O VillageDakshin Tola, Dumraon, P.S.- Dumraon, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402 of I.P.C. and Sections 25(1-B)a/ 25(6)/ 26/ 35 of Arms Act. The prosecution case in nutshell is that informant, being a police official, received confidential information that some miscreants have assembled for preparation of commission of offence. 6 persons including the petitioner were apprehended. It is further alleged that one country made pistol and one live

Patna High Court CR. MISC. No.71060 of 2022(2) dt.28-02-2023 2/3 cartridge have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 04.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Brahmpur P.S. Case No. 652 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.71060 of 2022(2) dt.28-02-2023 3/3 of the learned Chief Judicial Magistrate, Buxar. (Sunil Kumar Panwar, J) nirajkrs/- U T