Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.23850 of 2018 (3) dt.24-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23850 of 2018 Arising Out of PS.Case No. -179 Year- 2017 Thana -JAMALPUR District- MUNGER ======================================================

1. Rahul Kumar son of Prakash Paswan @ Prakash Paswan Resident of Khalasi Muhalla - Sadar Bazar, Police Station - Jamalpur, District - Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 27.10.2017, seeks bail in Jamalpur PS Case No. 179 of 2017 registered under Sections 399, 402 of the IPC and Sections 25(1-B)A, 26, 35 of the Arms Act. The allegation in brief is that the police on secret information apprehended five - six miscreants sitting in an orchard and recovered one country made loaded pistol from the possession of the petitioner and from the possession of other accused one mobile was recovered. Learned Counsel for the petitioner submits that the petitioner has clean antecedent, he is in custody since 27.10.2017, no other incriminating article has been recovered from the possession of the petitioner, the allegation under the Arms Act against the petitioner is false.

Having considered the said facts and circumstances, the petitioner, namely, Rahul Kumar is directed to be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Munger in connection with Jamalpur PS Case No. 179 of 2017.

Snkumar/- (Arun Kumar, J) U T