Brajesh Kumar @ Khesari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88162 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- BITHAN District- Samastipur ====================================================== Brajesh Kumar @ Khesari S/O Ramdhyan Mahto @ Ramghian Resident of Village- Pusho, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bithan P.S. Case No. 68 of 2024 instituted for the offences under Sections 25(1-B)a, 26, 35 of the Arms Act.

3. As per prosecution case, the police has recovered a country-made pistol and five live cartridges from the possession of co-accused Guddu Kumar. It is alleged that the petitioner managed to escape from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The name of the petitioner has transpired in this case on the

Patna High Court CR. MISC. No.88162 of 2024(2) dt.15-01-2025 2/3 basis of the confessional statement of the co-accused Guddu Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the motorcycle and the arms recovered from the possession of the Guddu Kumar. The petitioner has also no concern with the co-accused Guddu Kumar. He further submits that, later on, the petitioner was arrested by the police with TVS Motorcycle and Rs. 4,060/- was recovered from his possession. He further submits that the recovered motorcycle and cash from the possession of the petitioner belong to the petitioner himself. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and, in both of them, he is on bail and is languishing in judicial custody since 20.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties, the period of custody of the petitioner and there being no recovery of any arms and ammunition from the possession of the petitioner, let the petitioner, abovenamed, be released on bail

Patna High Court CR. MISC. No.88162 of 2024(2) dt.15-01-2025 3/3 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bithan P.S. Case No. 68 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T