Patna High CourtCR. MISC./26398/2024bail granted

Sanjay Kapar @ Kalu v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26398 of 2024 Arising Out of PS. Case No.-510 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Sanjay Kapar @ Kalu Son of Matar Kapar Resident of village Usarahiya Sankhi Ward No - 12, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin, 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 Riga P.S. case No. 510 of 2023 instituted for the offences under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., one live cartridge 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

Patna High Court CR. MISC. No.26398 of 2024(2) dt.08-04-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.12.2023 and has no 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, clean antecedent 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 Riga P.S. case No. 510 of 2023.

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