Patna High CourtCR. MISC./26368/2024bail granted

Hariom Kumar v. The State Of Bihar

2024-04-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26368 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Hariom Kumar Son of Ajay Kumar Resident of Village- Simari, P.S.- Vidyapatinagar, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vidyapatinagar P.S. case No. 192 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., one loaded country-made katta has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the alleged recovery. Charge-sheet has been submitted in this case. Similarly situated

Patna High Court CR. MISC. No.26368 of 2024(2) dt.08-04-2024 2/2 co-accused person has already been granted bail by this Court vide order dated 02.04.2024 passed in Cr. Misc. No. 22416 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.12.2023 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vidyapatinagar P.S. case No. 192 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T