Patna High CourtCR. MISC./3843/2024allowed

Jageshwar Bhogta v. The State Of Bihar

2024-02-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3843 of 2024 Arising Out of PS. Case No.-764 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

Jageshwar Bhogta SON OF Sanichar Bhogta Village- Naktaiya PSBarachatti Dist -Gaya 2.

PAPPU KUMAR BHOKTA SON OF LATE DHANPAT SINGH BHOGTA Village- Naktaiya PS- Barachatti Dist -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Barachatti P.S. Case No. 764 of 2023 registered for the offence under Sections 25(1-b)a, 26, 35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol, one carbine (Thernet) along with two live cartridges from house of petitioner no.1 Jageshwar Bhogta.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have no concern with the alleged recovery of arms which were seized

Patna High Court CR. MISC. No.3843 of 2024(2) dt.01-02-2024 2/2 by the police. They have got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioners are languishing in judicial custody since 12.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail after framing of charge, if not framed in connection with Barachatti P.S. Case No. 764 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Sherghati at Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T