Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.540 of 2024 Arising Out of PS. Case No.-676 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Rahul Kumar S/o Dinesh Sahani Resident of Village - Jahanabad Basanta, Police Station- Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratik Na For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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 399, 402, 212, 413, 414 of Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

It is a case of recovery of one country made pistol and three live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.540 of 2024(2) dt.16-01-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. His name sprang up in this case on the confessional statement of co-accused Raja Kumar who has been granted bail vide order dated 24.06.2023, passed in Cr. Misc. No. 33592 of 2023 by this court. Moreover, petitioner is languishing in judicial custody since 08.12.2022.

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 Yogapatti P.S. Case No. 676 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.540 of 2024(2) dt.16-01-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran.

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