Patna High CourtCR. MISC./8340/2024bail granted

Ashish Kumar v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8340 of 2024 Arising Out of PS. Case No.-914 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Ashish Kumar Son of Ganga Yadav Resident of Village-Barwadih, P.S.- Barachatti, Distt.-Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barachatti P.S. Case No. 914 of 2023 instituted for the offences under Section 25(1-b) of the Arms Act.

3. The allegation against the petitioner is of uploading the picture and video with brandishing fire-arms on social media by the account name of Saurabh SP.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has committed no offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner

Patna High Court CR. MISC. No. 8340 of 2024(2) dt.19-02-2024 2/2 or from his house. He further submits that the petitioner has been made victim of rival group who by using the technology made the petitioner accused in this case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 10.10.2023. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Barachatti P.S. Case No. 914 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T