Patna High CourtCR. MISC./76257/2023allowed

Rahul Kumar @ Radhe v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76257 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Rahul Kumar @ Radhe Jagdish Ray R/O Village- Chakhabid, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of one loaded country made pistol, two mobile phones and cash of Rs. 5000/- from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.76257 of 2023(2) dt.04-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner claims the cash of Rs. 5000/- and two mobile phones to be his own property. The petitioner has no concern with the alleged seized country made pistol. The petitioner is languishing in custody since 15.07.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with

Patna High Court CR. MISC. No.76257 of 2023(2) dt.04-12-2023 3/3 Bibhutipur P.S. Case No. 253 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T