Patna High CourtCR. MISC./18648/2025bail granted

Mohit Kumar v. The State Of Bihar

2025-04-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18648 of 2025 Arising Out of PS. Case No.-303 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Mohit Kumar S/o- Manjit Ram @ Manjeet Kumar Ram @ Manjeet Ram Village- Madho Matihani PS- Mirganj District- Goplganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Mirganj P.S. Case no. 303 of 2023 registered under sections 399, 402 and 414 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20(b)(ii)(C), 25 and 29 of the NDPS Act.

3. As per the prosecution case, the informant states that on receiving secret information a raid was conducted. Six accused persons on two motorcycles made an attempt to escape but were caught. While two cartridges were recovered from the possession of the petitioner, so far as the other accused persons are concerned, a loaded country made katta and 400 grams of charas was recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18648 of 2025(2) dt.04-04-2025 2/2 earlier prayer for bail of the petitioner was rejected vide order dated 2.4.2024 (Annexure-P/1) passed in Cr. Misc. no. 20316 of 2024 giving liberty to the petitioner to renew his prayer for bail after completing one year in custody. It is submitted that the petitioner, who has been falsely implicated in the case, is in custody for more than 1 year 7 months since 8.8.2023.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., liberty granted to the petitioner in the earlier order of rejection dated 2.4.2024 and the petitioner having remained in custody for more than 1 year 7 months since 8.8.2023, the petitioner is directed to be enlarged on bail in connection with Mirganj P.S. Case no. 303 of 2023 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 Additional Sessions Judge-I, Gopalganj.

(Partha Sarthy, J) avinash/- U T