Patna High CourtCR. MISC./30353/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-05-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30353 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Rahul Kumar, son of Ram Naresh Mishra, resident of village Garahua, P.S. Kudhni, District Muzaffarpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kudhni P.S. Case No.187 of 2017 registered under Section 216A of the Indian Penal Code and Section 25 (1-A), 25 (1-AA), 25 (1-b) a, 26 (ii) and 35 of the Arms Act.

One country made pistol and two live cartridges are said to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in this case at the instance of his enemy planting the aforesaid recovery from his possession. The petitioner has been languishing in custody since 12.05.2017. Earlier, the bail prayer of the petitioner was rejected vide order dated 19.08.2017 with a

Patna High Court Cr.Misc. No.30353 of 2018 (02) dt.16-05-2018 2/ 2 direction to the learned trial Court to conclude the trial as expeditiously as possible preferably within nine months from the date of receipt/production of a copy of the said order, but the trial has not yet been concluded.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Kudhni P.S. Case No.187 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T