Patna High CourtCR. MISC./10023/2024bail granted

Munil Patel v. The State Of Bihar

2024-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10023 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Munil Patel Son of Ragho Patel @ Raghav Raut Resident of Village - Kaithwaliya, P.S.- Kalyanpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S Case no.294 of 2023 registered under sections 399, 402, 467, 468, 471 and 120B of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that having received secret information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. Various articles as stated in the FIR was recovered from different accused persons. One live cartridge was recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.10023 of 2024(2) dt.22-02-2024 2/2

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. He is in custody since 21.8.2023 and has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, his not having any criminal antecedent, his having remained in custody for six months since 21.8.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S Case no.294 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 Chief Judicial Magistrate, East Champaran, Motihari.

(Partha Sarthy, J) Shiv/- U T