Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74166 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- MEHSI District- East Champaran ====================================================== Rajesh Kumar Son of Ramesh Rai Resident Of Village- Bhuwan Chapra PsChakiya Dist -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mehsi P.S. Case No. 19 of 2025 registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per prosecution case, one loaded country made pistol, upon unloading the same two live cartridges and other materials were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is in custody since 04.02.2025. Learned counsel for the petitioner submits that petitioner bears criminal antecedent of one case and he orally submits that petitioner is on bail on the said case. Charge sheet has been submitted in the case and there

Patna High Court CR. MISC. No.74166 of 2025(2) dt.23-12-2025 2/3 is no likelihood of tampering with the prosecution evidence. Learned counsel orally submits that petitioner will co-operate in trial and will remain present on each and every date without fail.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner by submitting that one country made pistol, two live cartridges and other materials were recovered from the possession of the petitioner. Hence, petitioner does not deserve bail.

6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, East Champaran, Motihari in connection with Mehsi P.S. Case No. 19 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.74166 of 2025(2) dt.23-12-2025 3/3 (ii) Petitioner will co-operate in trial and will remain present on each and every date without fail, failing which the prosecution will be at liberty to move for cancellation of bail.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T