Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4997 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== RAHUL KUMAR SON OF NARESH MAHTO RESIDENT OF VILLAGE - JITWARPUR KUMHIRA TOLA MAHRI, P.S. - SARAIRANJAN, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Adv For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sarairanjan P.S. Case No. 296 of 2023 registered on 26.10.2023 lodged under Sections 25(1-B)a, 26, 35, 25 I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against 2 named accused persons including the petitioner and it has been alleged that the accused persons were performing dance having arms in their hand. On the information, police apprehended them and recovered one country made pistol from petitioner's house.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner has been falsely implicated in this case and he is in custody

Patna High Court CR. MISC. No.4997 of 2024(2) dt.07-02-2024 2/2 since 27.10.2023 having clean antecedent.

5. Counsel further submits that the other co-accused persons of this case has been granted bail by co-ordinate Bench of this Court vide order dated 11.01.2024 in Cr. Misc. No. 85878 of 2023 on the ground that he will be released after framing of charge.

6. Learned counsel for the State opposes the prayer for bail and submits that charge has now been framed so no useful purpose would be served keeping the petitioner in jail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III Samastipur in connection with Sarairanjan P.S. Case No. 296 of 2023, subject to the following conditions as well as the conditions laid down under Section 437(3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U