Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83428 of 2023 Arising Out of PS. Case No.-741 Year-2023 Thana- FATUA District- Patna ====================================================== Rakesh Kumar Son Of Rampreet Singh Resident Of Village - Haril Bigha, P.S. - Daniyawan, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

It is a case of recovery of one Rifle and 23 live cartridges from the possession of petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.83428 of 2023(3) dt.22-01-2024 2/3 falsely been implicated in the present case. It is also submitted that Ramanuj Kumar is the license holder of the seized Riffle and he had handed over the said Riffle to the petitioner, when he went to attend call of nature. In the meantime, police personnel arrested the petitioner along with the said Riffle and cartridges. Moreover, the petitioner is languishing in judicial custody since 01.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Fatuha P.S. Case No. 741 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.83428 of 2023(3) dt.22-01-2024 3/3 to the satisfaction of the learned A.C.J.M. I, Patna City, patna.

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