Shiv @Shiv Samrat @ Samrat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21057 of 2024 Arising Out of PS. Case No.-154 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Shiv @Shiv Samrat @ Samrat Son of Sunil Kumar Agrahari RESIDENT OF VILLAGE- RANISARAY, PS- BAKHTIYARPUR, DIST- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 411 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.
3. Prosecution case relates to gathering of antisocial elements for hatching a conspiracy. Acting on a tip off, police party reached there and apprehended some accused persons from whose possession, pistols, live cartridges, phones, laptops motorcycle along with other incriminating article have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither he was arrested on
Patna High Court CR. MISC. No.21057 of 2024(3) dt.26-04-2024 2/2 spot nor any incriminating article has been recovered from conscious possession of the petitioner. His name was transpired in this case on the basis of disclosure made by co-accused Sonu @Sonu Jamui who has already been enlarged on bail by this Court vide order dt. 7.11.2023 passed in Cr Misc. No. 38830 of 2022. It is further submitted that the petitioner was arrested in Kankarbagh P.S. Case No. 818 of 2022 and remanded in this case on 24.4.2023 and since then, he is languishing in judicial custody.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 154 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T