Patna High CourtCR. MISC./10581/2019disposed

Kartik Giri v. The State Of Bihar

2019-02-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10581 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- SOHSARAI District- Nalanda ====================================================== KARTIK GIRI, aged about 19 years (male) Son of Ramnarayan Giri @ Ramayan Giri, Resident of Village- Basati, Police Station- Harnaut, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 178 of 2018 for the offences punishable under Sections 414 of the Indian Penal Code and Sections 25(1b)(a)/26/35 of the Arms Act. The allegation is regarding recovery of one country made pistol and two live cartridges from the possession of the petitioner herein, when he was apprehended by the police and search was made.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, though he is accused in five cases, but he has been acquitted in four

Patna High Court Cr.Misc. No.10581 of 2019(2) dt.21-02-2019 2/2 cases and he is on bail in 5th cases. It is further submitted that the petitioner is languishing in custody since 04.09.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner immediately upon completion of six months of his custody i.e. w.e.f. 04.09.2018 subject to such condition as may be imposed by the learned court of Chief Judicial MagistrateNalanda at Biharsharif in connection with Sohsarai P.S. Case No. 178 of 2018.

The petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U T