Patna High CourtCR. MISC./28092/2021bail granted

Gautam Kumar @ Gautam Yadav @ Gautam Prasad v. The State Of Bihar

2021-12-07Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28092 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== GAUTAM KUMAR @ GAUTAM YADAV @ GAUTAM PRASAD S/o Late Genauri Prasad R/o village- Samachak, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bakhtiyarpur PS case no. 246 of 2020 instituted for the offences punishable under Sections 25(1-B)a, 26 of Arms Act. The allegation is regarding recovery of one countrymade pistol and six live cartridges from the possession of the petitioner while he was apprehended by the police. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case as also is languishing in custody since 14.10.2020.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.28092 of 2021(2) dt.07-12-2021 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M. IIIrd, Barh, Patna in connection with Bakhtiyarpur PS case no. 246 of 2020.

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