Patna High CourtCR. MISC./84949/2023allowed

Rakesh Kumar v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84949 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Rakesh Kumar S/O Ramnandan Singh R/O Village- Ghosranwa, P.S- Giriyak, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of two country made pistols and two live cartridges were recovered from the joint house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The said recovery has been made from the joint house of the petitioner and petitioner was not in knowledge about which petitioner was not aware. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list.

Patna High Court CR. MISC. No.84949 of 2023(2) dt.15-01-2024 2/2 Petitioner is languishing in judicial custody since 18.4.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda in connection with Giriyak (Pawapuri O.P.) P.S. Case No. 201 of 2023. (Sunil Kumar Panwar, J) sushma/- U