Patna High CourtCR. MISC./81830/2023allowed

Munna Rajbhar v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81830 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- RAJPUR District- Buxar ====================================================== MUNNA RAJBHAR S/O LATE KHARPATI RAJBHAR R/O VILLAGEITAWA, P.S- RAJPUR, DISTT.- BUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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 420, 467, 468, 471, 120(b) of the Indian Penal Code and Sections 25(1b)a, 26 & 35 of Arms Act.

3. As per prosecution case, the petitioner is said to have been apprehended with co-accused Ajay Kumar and from possession this petitioner, one country made pistil, seven live cartridges as well as a motorcycle were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the seized arms or with co-accused person.

Patna High Court CR. MISC. No.81830 of 2023(3) dt.19-03-2024 2/2 Similarly situated co-accused Ajay Kmar Pandey has already been enlarged on bail by this Court vide order dt. 5.7.2023 passed in Cr. Misc. No. 8597 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 1.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedent.

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 the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge in connection with Rajpur P.S. Case No. 286 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 S.D.J.M., Buxar. (Sunil Kumar Panwar, J) Amandeep/- U T