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Patna High CourtCR. MISC./24969/2021bail granted

Ayush Kumar @ Golu @ Ayush Kumar Golu v. The State Of Bihar

2021-11-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24969 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== AYUSH KUMAR @ GOLU @ AYUSH KUMAR GOLU SON OF LATE BINAY KUMAR RAI VILLAGE MORTAR, POLICE STATION GADHPURA, DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

At the outset it is submitted by learned counsel for the petitioner that the description of the name of the father of the petitioner has been incorrectly typed as "Binay Kumar Rai" instead of "Late Binay Kumar Rai".

Let the office make appropriate correction in the bail petition.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 216A of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a secret information having been received about the accused persons having

Patna High Court CR. MISC. No.24969 of 2021(2) dt.16-11-2021 2/2 gathered to give effect an occurrence, a raid was conducted. The petitioner along with others were caught and it is stated that from possession of the petitioner a country made pistol and a mobile phone was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case under a wrong impression. No incriminating article has been recovered from his possession. He is in custody since 6.12.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Khodawandpur P.S. Case no. 251 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Manjhaul, District Begusarai.

(Partha Sarthy, J) Prakash/- U