Patna High CourtCR. MISC./12972/2024bail granted

Rambabu v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12972 of 2024 Arising Out of PS. Case No.-510 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Rambabu S/o Mantu Yadav @ Rajkumar Yadav Resident of MohallaChiraiyan Tar, P.S.- Rampur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Informant/s :

Mr. Rajdeep Kumar, Advocate Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in Magadh Medical College P.S. Case No. 510 of 2023, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 448, 427, 385, 387 of the Indian Penal Code, Sections 25(1-B)(a), 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 200 ml liquor and three live cartridges were recovered from one car.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.12972 of 2024(2) dt.27-02-2024 2/2 Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor and live cartridges. The petitioner is in custody since 09.12.2023 and has got two criminal antecedents in which the petitioner is acquitted after trial in one case and is on bail in another case. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State and learned counsel for the informant has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Magadh Medical College P.S. Case No. 510 of 2023.

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