Dhita Prasad @ Subodh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18527 of 2020 Arising Out of PS. Case No.-492 Year-2019 Thana- DHANARUA District- Patna ====================================================== DHITA PRASAD @ SUBODH PRASAD Son of Budhu Prasad @ Budhan Singh Resident of Village - Dariyapur, P.S.- Dhanaura, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-06-2020 This case has been heard through video- conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b)a, 26/35 of Arms Act. Prosecution case as lodged by the police personnel is that on information that accused of Dhanarua P.S. Case No. 490 of 2019 were moving in the village of Dariyapur with arms, a raid was conducted and apprehended two persons named as Budhu Prasad @ Budhan Singh and Dhita Prasad @ Subodh Prasad. There is recovery of a loaded country made pistol of 0.315 bore and three live cartridge of 0.315 bore from the possession of Budhu Prasad and one loaded country made pistol of 0.315 bore and two live cartridge of 0.315 bore was

Patna High Court CR. MISC. No.18527 of 2020(2) dt.04-06-2020 2/2 recovered from the possession of Dhita Prasad. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 10374 of 2020. He further submits that petitioner is in custody since 23.11.2019.

Learned counsel for the State vehemently opposes the prayer for bail.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Masaurhi in connection with Dhanarua Police Station Case No. 492 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T