Prakash Kumar @ Gunni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15686 of 2019 Arising Out of PS. Case No.-1124 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

Prakash Kumar @ Gunni, S/o- Kalaktar Choudhary R/o Village- New Singhauli, Star Type Colony, P.S.- Dalmiya Nagar, District- Rohtas. 2.

Pappu Yadav @ Prince Raj @ prince S/o Ramchandra Singh R/o VillageNaad, P.S.- Karakat, District- Rohtas. 3.

Raj Kumar @ Mithu S/o - Vijay Kumar Choudhary R/o Village - New Gangauli, P.S.- Dalmiya Nagar, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioners seek regular bail in connection with Dehri (T) P.S. Case No.1124 of 2018 for the offences punishable under Sections 400, 401, 411, 414 of the Indian Penal Code and Section 25 (1-b), 26A, 35 of the Arms Act.

The case of the prosecution is that upon the police having received information regarding some miscreants having assembled near the electricity office at Mathuri bridge to commit serious offence, the police party had raided such place and caught hold of three miscreants including the petitioner. As

Patna High Court CR. MISC. No.15686 of 2019(2) dt.27-03-2019 2/3 far as the petitioner No.1 is concerned, one country-made loaded pistol and one mobile phone was recovered. From the possession of the petitioner No.2, two live cartridges and a mobile was recovered, while from the petitioner No.3, two live cartridge and one mobile was recovered apart from the recovery of a Khukhari. A Pulser motorcycle is said to have also been recovered.

The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that though the petitioners are accused in some other cases, they are on bail in the said cases. The petitioners are said to be languishing in custody since 14.12.2018.

Per contra, learned counsel for the State has submitted that the petitioners have not only confessed their guilt but have also confessed that they were involved in several such occurrence of road robbery and theft of motorcycles. Having regard to the facts and circumstances of this case, I deem fit and proper to direct for release of all the petitioners only after completion of six months of custody, i.e., with effect from 14.12.2018 and subject to such other conditions as may be deemed fit and proper to be imposed by the learned

Patna High Court CR. MISC. No.15686 of 2019(2) dt.27-03-2019 3/3 Court of S.D.J.M., Dehri (Rohtas) in connection with Dehri (T) P.S. Case No.1124 of 2018.

The present petition stands disposed of with the aforesaid directions.

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