Patna High CourtCR. MISC./9612/2024bail granted

Brajesh Kumar v. The State Of Bihar

2024-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9612 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== BRAJESH KUMAR SON OF SIKANDRA SAH R/O VILLAGE-GARHWA, P.S.-SHEOHAR, DISTT.-SHEOHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

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

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Tariyani Chapra P.S. Case no.55 of 2023 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on information having been received about the accused persons carrying arms, it is stated that checking was started. The three accused including the petitioner, who were on a motorcycle, were stopped and searched. It is stated that from the possession of the petitioner, a live cartridge was recovered while from the possession of others country made pistol etc. were recovered.

Patna High Court CR. MISC. No.9612 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 because of his antecedents. He is in custody since 13.7.2023 and chargesheet has been submitted in the case.

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

6. 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 13.7.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Tariyani Chapra P.S. Case no.55 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 A.C.J.M. I, Sheohar.

(Partha Sarthy, J) Saurabh/- U T