Patna High CourtCR. MISC./24468/2023bail granted

Gautam Kumar v. The State Of Bihar

2023-05-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24468 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== GAUTAM KUMAR SON OF UMESH PRASAD R/O VILLAGEBARHARI, P.S.- CHABILAPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajgir P.S. Case no. 628 of 2022 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, it is stated that on checking being conducted by the police personnel the accused persons who were on a motorcycle made an attempt to escape but two of them including the petitioner herein were caught and from the possession of the petitioner a loaded country made pistol and four live cartridges besides other articles were recovered.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.24468 of 2023(2) dt.18-05-2023 2/2 that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 14.11.2022 and has no criminal antecedent.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner being in custody for 6 months since 14.11.2022, his not having any criminal antecedent and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Rajgir P.S. Case no. 628 of 2022 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, Nalanda at Biharsharif.

(Partha Sarthy, J) Prakash/- U