Om Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16753 of 2024 Arising Out of PS. Case No.-745 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== OM PRAKASH SINGH S/O LATE VIKRAM SINGH R/O VILLAGEGHEGHATA, P.S- MUFFASIL, DISTT.- SARAN AT CHAPRA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raushan Raj For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. case No. 745 of 2023 instituted for the offences under Sections 399, 402, 412, 411 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act .
3. Prosecution case, in short, is that, police on the basis of secret information apprehended four persons and recovered various arms and ammunitions. It is further alleged that one stolen motorcycle has been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.16753 of 2024(2) dt.13-03-2024 2/2 present case. Learned counsel further submitted that nothing has been recovered from the conscious possession of the petitioner and he has got no concern with the recovered motorcycle. Charge-sheet has been submitted in this case. Learned counsel further submitted that the co-accused person, Vivek Singh, has already been granted bail by the learned court below. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.09.2023 and has two criminal antecedents.
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 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 Muffasil P.S. case No. 745 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T