Rahul Kherwar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81906 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Rahul Kherwar @ Rahul Kumar, Son of Ravindar Kharwar, Resident of Village - Chousa, Near Chandi More, P.S.- Buxar (M), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Angad Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 10.10.2019 in a case registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Sections 25(1-B)a/26 of the Arms Act.

The prosecution case as per the written report of Omprakash Singh submitted to the Station House Officer of Buxar Muffasil Police Station is to the effect that on 09.10.2019 at about 8.00 A.M., when the informant was going to his house, the petitioner along with one another person having country made pistol in their hand, abused the informant and tried to assault him and when the informant tried to tried, they chased the informant. Thereafter, when police was informed, petitioner was caught and from his

Patna High Court CR. MISC. No.81906 of 2019(2) dt.11-12-2019 2/2 possession country made pistol was recovered. It is submitted by learned counsel for the petitioner that the petitioner is accused in one another case under Excise Act.

Learned APP submits that the recovery has been made from the possession of the petitioner.

Considering the nature of recovery and period under custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Buxar in connection with Buxar (M) P.S. Case No. 305 of 2019.

The learned Court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities; if the petitioner defaults for two consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) DKS/- U T