Patna High CourtCR. MISC./7195/2022bail granted

Mithun Kumar v. The State Of Bihar

2022-06-15Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7195 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Mithun Kumar Son Of Balram Paswan R/O Village- Gachi Tola, P.S.- Nagar, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 215 of 2021 instituted for the offences punishable under Sections 399, 402 and 120(B) of the Indian Penal Code and under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 15.03.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that recovery of one live cartridge from the possession of the petitioner and from the other co-accused persons arms and

Patna High Court CR. MISC. No.7195 of 2022(2) dt.15-06-2022 2/2 cartridges were recovered.

Learned counsel for the petitioner further submits that admittedly from the petitioner only one live cartridge has been recovered. Further, it is submitted that other co-accused have been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 56448 of 2021 order dated 23.02.2022, Cr. Misc. No. 65338 of 2021 order dated 01.04.2022, Cr. Misc. No. 65906 of 2021order dated 26.04.2022 and Cr. Misc. No. 66743 of 2021 order dated 26.04.2022 respectively.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.03.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Begusarai Town P.S. Case No. 215 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T