Patna High CourtCR. MISC./26449/2018bail granted

Rakesh Kumar v. The State Of Bihar

2018-05-09Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.26449 of 2018 (2) dt.09-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26449 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -ATRI District- GAYA ======================================================

1. Rakesh Kumar S/o Shivnandan Prasad, R/o Vill.- Tetar, P.S.- Atri, Distt.- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-05-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 9.12.2017, seeks bail in Atri PS Case No. 305 of 2017 registered under Sections 399, 402, 414 of the IPC and Section 25(1-b)a, 26, 35 of the Arms Act. The allegation in brief is that the police raided in the night on information of assembly of miscreants and apprehended two persons while others escaped away, the apprehended person disclosed name of the petitioner also and when his house as raided one loaded country made rifle was recovered.

Learned Counsel for the petitioner submits that the recovery of so called arm is not from the conscious possession of the petitioner, joint family lives there, petitioner has no criminal antecedent and almost similarly situated another co-accused who were not apprehended from the spot but recovery of arms was made from their house have been admitted to bail by a coordinate Bench of this Court vide Cr. Misc. No. 13424 of 2018.

Having considered the said facts and circumstances, the petitioner, namely, Rakesh Kumar is directed to 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 ACJM lst Gaya in connection with Atri PS Case No. 305 of 2017. Snkumar/- (Arun Kumar, J) U T