Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2356 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Rajesh Kumar S/o Indradev Prasad Yadav @ Indradev Yadav R/o villageSitakund Dih, Ward no.04, P.S-Muffasil, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 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 307, 353/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. It is alleged that one scorpio vehicle was stopped by the police during patrolling, from which one accused started fleeing after firing by his pistol. This petitioner is driver of the said scropio vehicle who was apprehended on spot.

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. This petitioner is only driver of the seized vehicle but no any incriminating material has been

Patna High Court CR. MISC. No.2356 of 2024(2) dt.30-01-2024 2/2 recovered from his conscious possession. The owner of the vehicle in one Anshu Kumar. It is further submitted that the allegation of firing is against co-accused Sanjay Jha. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 27.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barauni (Chakia OP) P.S. Case No. 504 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T