Patna High CourtCR. MISC./3089/2019bail granted

Prakash Sah v. The State Of Bihar

2019-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3089 of 2019 Arising out of PS. Case No.-330 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Prakash Sah, aged 20 years M son of Shambhu Prasad @ Shambhulal Sah resident of village-Harsidhi, PS Harsidhi, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 330 of 2018 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code.

The allegation is regarding the Police having received secret information that some persons were standing to commit dacoity and upon raid having been conducted by the Police, the petitioner and one other accused person were apprehended and as far as the petitioner is concerned, one loaded pistol was recovered.

The learned counsel for the petitioner submits that as far as recovery of the loaded pistol from the possession of the

Patna High Court Cr.Misc. No.3089 of 2019(2) dt.23-01-2019 2/2 petitioner is concerned, another FIR bearing Harsidhi P.S. Case No. 329 of 2018 was lodged and the petitioner has already been granted bail in that case by a coordinate Bench of this Court by an order dated 21.12.2018 passed in Criminal Misc. No. 77232 of 2018, hence there is no impediment for granting bail to the petitioner in the present case. It is further submitted that the petitioner is in custody since 29.08.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 330 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T