Garbhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14739 of 2024 Arising Out of PS. Case No.-826 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Garbhu Sah Son Of Ramanand Sah @ Ramnandan Sah Resident Of Village - Jaffarpur, Ward No.12, Police Station - Belsand, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sitamarhi P.S Case No. 826 of 2023 registered for the offences punishable under Sections 399, 402, 414 of I.P.C and under Section 25(1-b)a, 26, 35 of Arms Act and under Section 8, 20(b) (ii)( C ), 22 of NDPS Act,

3. As per prosecution case, Some miscreants assembled near Islampur road bridge for making planning to commit crime and after seeing the police force some of them fled away but some of them apprehended. On searching, a loaded countrymade Sixer with live cartridges, mobile with SIM, 500 gram Charas like substance recovered from the petitioner.

Patna High Court CR. MISC. No.14739 of 2024(2) dt.09-08-2024 2/2

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case, no incriminating articles have been recovered from the conscious possession of the petitioner. It is next submitted that co-accused have already granted bail by this Court in Cr. Misc. No. 12494 of 2024, 24470 of 2024 and 11483 of 2024 Petitioner has got no criminal antecedent as stated in para 3 of the petition. It is also submitted that petitioner is in judicial custody since 03.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Session Judge-cum- Special Judge, Sitamarhi in connection with Sitamarhi P.S Case No. 826 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T