Patna High CourtCR. MISC./12238/2024bail granted

Vishal Kumar v. The State Of Bihar

2024-03-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12238 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Vishal Kumar Son of Guddn Mukhiya R/o DB Road, Saharsa ward no. 12, P.S. and Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Saharsa Sadar P.S Case No. 292 of 2023 registered for the offences punishable under Sections 399, 402 of I.P.C and Section 25 (1-B) (a) 26, 35, of the Arms Act 1959.

3. As per prosecution case, some live cartridges and katta and mobile etc. are recovered from the co-accused but nothing recovered from the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been

Patna High Court CR. MISC. No.12238 of 2024(2) dt.05-03-2024 2/2 recovered from the possession of the petitioner. Petitioner has got no criminal antecedent. It is also submitted that petitioner is in judicial custody since 13.05.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Saharsa in connection with Saharsa Sadar P.S Case No. 292 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T