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Patna High CourtCR. MISC./9065/2024bail granted

Raja Rawani @ Rahul Kumar @ Haddi @ Raja Kumar Rahul @ Raja Kumar v. The State Of Bihar

2024-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9065 of 2024 Arising Out of PS. Case No.-390 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Raja Rawani @ Rahul Kumar @ Haddi @ Raja Kumar Rahul @ Raja Kumar Son Of Deepak Prasad @ Dipu Resident Of Pipalgali Ramdhanpur, PsKotwali, Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vinod Kumar, Advocate For the State :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gaya Rail P.S. Case No. 390 of 2022 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

As per prosecution case, on secret information police raided outside the railway platform where five accused persons seeing the police tried to fled away, but two were apprehended. On search, one loaded country made pistol was recovered from the possession of the apprehended persons. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-12-2022. Petitioner bears five criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.9065 of 2024(2) dt.21-02-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has surfaced in this case due to confessional statement of co-accused, namely, Mittua Prasad and Amit Raj, and the same has no evidentiary value. Nothing has been recovered from conscious possession of the petitioner. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail 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 Gaya Rail P.S. Case No. 390 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T