Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85660 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Rahul Kumar Son of Rajkumar Sahani Resident of Village - Pundar, P.S. - Madhuban, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sangeet Deokuliar, Advocate For the State :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-02-2025 Heard Mr. Sangeet Deokuliar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner is in judicial custody in connection with Kalyanpur P.S. Case No. 216 of 2024 for the offences punishable under Sections 303(2), 317(5), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita and section 25(1-B)a, 26 and 35 of the Arms Act, lodged on 13.07.2024 by the informant, Jitendra Kumar.
3. As per the prosecution story, the informant alleged that during patrolling and upon information reached the Ram Janki Mutt and apprehended four accused persons. Upon search, (i) Shivam Kumar (petitioner herein), country made pistol besides mobile, motorcycle and a master key, (ii) Raja Kumar, country made pistol, phone, motorcycle,
Patna High Court CR. MISC. No.85660 of 2024(2) dt.24-02-2025 2/3 (iii) Rahul Kumar, live cartridge, master key, mobile, (iv) Sachin Kumar, smart phone, master key, motorcycle. As they failed to provide any document regarding the fire arms, taken into custody/FIR.
4. Learned counsel for the petitioner submits that he has no role to play in the matter, the police made a false implication putting arms theory, because he has criminal antecedent and is in custody since 14.07.2024 (paragraph no.4 of the petition). The last submission is that one of the coaccused Shivam Kumar has been granted bail in Cr. Misc. No. 78094 of 2024.
5. Learned APP for the State opposes the prayer submitting that the police apprehended and recovered the arms from the accused persons including the petitioner.
6. Considering the aforesaid submissions put forward by the parties as also the fact that the petitioner is a young person, has remained in custody since 14.07.2024, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with
Patna High Court CR. MISC. No.85660 of 2024(2) dt.24-02-2025 3/3 Kalyanpur P.S. Case No. 216 of 2024, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T