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Rahul Kumar v. the State of Bihar

Patna HC4 Mar 2024CR. MISC./13094/2024

Case brief

AI extract

What is this about?

Rahul Kumar v. State of Bihar, Patna High Court CR. MISC. No.13094 of 2024, decided 04-03-2024 by Rudra Prakash Mishra, J. Regular bail granted in Agamkuan P.S. Case No. 981 of 2023 under Sections 25(1-B)a, 26 & 35 of the Arms Act; recovery of pistol, 10 live cartridges, mobile phone and Rs. 3,700/- alleged; custody since 08-10-2023; defence plea of false implication and non-compliance with Section 100 Cr.P.C.; charge sheet filed; bail bonds Rs. 10,000 with two sureties; release conditioned on framing of charge.

What did the court decide?

Bail granted: petitioner to be released after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below, in connection with Agamkuan P.S. Case No. 981 of 2023. ¶8

Rahul Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13094 of 2024

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Arising Out of PS. Case No.-981 Year-2023 Thana- AGAMKUAN District- Patna

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======================================================

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Rahul Kumar S/O Ram Prasad Singh R/O Village- Sanda, P.S- Tikari, Dist.Gaya, At Present, Baudh Bihar Colony, Tenant (in the house of Munna Singh @ Deepak Kumar), P.S- Agamkuan, Distt.- Patna.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Raj Kishor Prasad, Advocate For the State : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 04-03-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner seeks bail in connection with Agamkuan P.S. Case No. 981 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

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3. As per prosecution case, there is recovery of one pistol with magazine, 10 live cartridges, mobile phone and Rs. 3,700/- from the possession of the petitioner.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-10-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s

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Patna High Court CR. MISC. No.13094 of 2024(2) dt.04-03-2024 2/2

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counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered arms. There is no compliance of Section 100 of the Cr.P.C. Charge sheet has already been submitted in this case.

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

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

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8. Let the petitioner be released on bail, after framing of charge, if not already framed , 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 Agamkuan P.S. Case No. 981 of 2023.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Rahul Kumar v. the State of Bihar

Case brief

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Rahul Kumar v. the State of Bihar

Case brief

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