Patna High CourtCR. MISC./26254/2021bail granted

Niraj Kumar v. The State Of Bihar

2021-11-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26254 of 2021 Arising Out of PS. Case No.-478 Year-2020 Thana- BUXAR District- Buxar ====================================================== NIRAJ KUMAR S/o Ramnaryan Ram R/o Ward No.20, Nehru Nagar Buxar, P.s.- Buxar Nagar, Dist.- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 25(1-B) (a), 26 and 35 of the Arms Act.

As per the prosecution case, the petitioner and his accomplice were caught. On search while a mobile phone was recovered from the possession of the petitioner, a loaded country made pistol was recovered from the possession of the coaccused Sunil Bishwakarma.

It is submitted by learned counsel for the petitioner that even from the F.I.R. it would transpire that no incriminating article has been recovered from the petitioner's possession. He is in custody since 23.10.2020 and has been falsely implicated in

Patna High Court CR. MISC. No.26254 of 2021(2) dt.26-11-2021 2/2 the case because of his antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, chargesheeet having been submitted and the petitioner having remained in custody for over 1 year, this Court directs the petitioner to be enlarged on bail in connection with Buxar Town 478 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 Chief Judicial Magistrate, Buxar.

(Partha Sarthy, J) Bibhash U