Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78831 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Rahul Kumar Son Of Shri Shatrudhan Singh @ Shatrudhan Kumar @ Shatrughan Kumar Singh Resident Of Village- Raghawa Chhapra, Ps- Sraiya, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.
3. As per prosecution case, the petitioner is said to have been apprehended by police party from whose possession, one country made pistol loaded with one live cartridge as well as a motorcycle bearing Registration no. BR06BC-5859 were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.78831 of 2023(2) dt.13-12-2023 2/2 falsely been implicated in this case. From para-7 of the bail petition, the petitioner has no concern with the alleged seized arms and so far as motorcycle is concerned, the same belongs to him which was in the name of petitioner's father. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Vaishali P.S. Case No. 303 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur.
(Sunil Kumar Panwar, J) Amandeep/- U T