Patna High CourtCR. MISC./14721/2024bail granted

Bharat Kumar @ Lalu v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14721 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Bharat Kumar @ Lalu Son of Badri Singh Resident of Village- Asogi, Ward No. 3, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Bhakta, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bairganiya P.S. case No. 295 of 2023 instituted for the offences under Sections 399,402 of Indian Penal Code and Sections 25(1b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., on search, one desi loaded katta has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and

Patna High Court CR. MISC. No.14721 of 2024(3) dt.29-04-2024 2/2 ammunitions. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.12.2023 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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 Bairganiya P.S. case No. 295 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T