Allowed

Rahul Kumar v. The State of Bihar

Patna HC19 Mar 2024CR. MISC./85827/2023

Case brief

AI extract

What is this about?

Bail application under IPC sections 399, 402, 34 and Arms Act after recovery of a loaded pistol and cartridges. Court granted regular bail noting seven months custody, no criminal antecedent and submission of chargesheet.

What did the court decide?

Regular bail on furnishing bail bond of Rs.10,000 with two sureties of like amount to the satisfaction of Judicial Magistrate I, Benipatti.

Rahul Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85827 of 2023

¶2

Arising Out of PS. Case No.-209 Year-2023 Thana- HARLAKHI District- Madhubani

¶3

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

¶4

RAHUL KUMAR SON OF BIHARI SAH RESIDENT OF VILLAGEGANGAUR, POLICE STATION- HARLAKHI, DISTRICT- MADHUBANI

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s : Ms. Meena Singh, APP

¶10

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

¶11

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶12

3 19-03-2024 1. Heard learned counsel for the parties.

¶13

The petitioner has preferred this application for

¶14

grant of regular bail in connection with Harlakhi P.S. Case no.209 of 2023 registered under sections 399, 402 and 34 of the Indian Penal Code and sections 25(1-B)(a) and 26 of the Arms Act.

¶15

As per the prosecution case, the informant states that on receiving information about accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. From the possession of the petitioner, a loaded country made pistol and three live cartridges besides a motorcycle and mobile phone was recovered.

¶16

Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner’s

¶17

Patna High Court CR. MISC. No.85827 of 2023(3) dt.19-03-2024 2/2

¶18

possession who has been falsely implicated in the case. He is in custody since 1.8.2023 and has no criminal antecedent.

¶19

Heard learned A.P.P. for the State.

¶20

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner having remained in custody for 7 months since 1.8.2023, not having any criminal antecedent and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Harlakhi P.S. Case no.209 of 2023 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 I, Benipatti, District Madhubani.

¶21

(Partha Sarthy, J)

¶22

Saurabh/-

¶23

U T

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kameshwari Devi Vs Pramod Jha

Mukesh Yadav @ Mukesh Kumar Yadav Vs The State of Bihar

Rahul Kumar Yadav @ Rahul Kumar Vs The State of Bihar

Vijay Prasad @ Vijay Kumar Vs The State of Bihar

Rahul Kumar Vs The State Of Bihar

Ram Udgar Mehta @ Ramudgar Mehta Vs The State of Bihar