Patna High CourtCR. MISC./85827/2023bail granted

Rahul Kumar v. The State Of Bihar

2024-03-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85827 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== RAHUL KUMAR SON OF BIHARI SAH RESIDENT OF VILLAGEGANGAUR, POLICE STATION- HARLAKHI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Harlakhi P.S. Case no.209 of 2023 registered under sections 399, 402 and 34 of the Indian Penal Code and sections 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, the informant states that on receiving information about accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. From the possession of the petitioner, a loaded country made pistol and three live cartridges besides a motorcycle and mobile phone was recovered.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's

Patna High Court CR. MISC. No.85827 of 2023(3) dt.19-03-2024 2/2 possession who has been falsely implicated in the case. He is in custody since 1.8.2023 and has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner having remained in custody for 7 months since 1.8.2023, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Harlakhi P.S. Case no.209 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate I, Benipatti, District Madhubani.

(Partha Sarthy, J) Saurabh/- U T