Rahul Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1290 of 2023 Arising Out of PS. Case No.-396 Year-2022 Thana- District- Buxar ====================================================== RAHUL KHARWAR Son of Late Rajendra Kharwar @ Late Ravinder Kamkar Resident of Village - Chandi Mor Chausa, P.S.- Buxar (M), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Indian Penal Code.

As per prosecution case, informant alleged that during raid of the petitioner one country made pistol and one live cartridge were recovered from his conscious possession. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no direct or indirect evidence against this petitioner to show his involvement in this offence. He is not at all concerned with the seized arms which

Patna High Court CR. MISC. No.1290 of 2023(2) dt.27-03-2023 2/2 has been recovered below the bed. It is further submitted that after sealing the alleged arms, no marks are made on it for identification. The petitioner is languishing in judicial custody since 11.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar (Muffasil) P.S. Case No. 396 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar.

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