Raushan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8688 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- BAUGHAT District- Sheikhpura ====================================================== Raushan Singh S/O- Shiv Shankar Prasad Singh R/O- Village- Bhadaus, P.S.- Sheikhpura, Dist.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Baughat P.S. case No. 09 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act. 3.
Prosecution case, in short, is that on the basis of secret information police police intercepted the motorcycle of the accused persons. Seeing the police, the accused person tried to flee away but petitioner was apprehended whereas other one accused managed to flee away. On search, 3210 live cartridges were recovered from the motorcycle.
4.
Learned counsel for the petitioner submitted that the petitioner is innocent has falsely been implicated in the
Patna High Court CR. MISC. No.8688 of 2024(3) dt.10-05-2024 2/2 present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.10.2023 and has two criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 13-03-2024, passed in Cr. Misc. No. 16805 of 2024.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the 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 Court below/concerned Court in connection with Baughat P.S. case No. 09 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T