Patna High CourtCR. MISC./21263/2020bail granted

Arvind Kumar v. The State Of Bihar

2020-06-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21263 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== ARVIND KUMAR Son of Ram Mangal Ram @ Raj Mangal Ram Resident of Village - Lakhnauri, P.S.- Deoriya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr. Madhru Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Madhura Nand Jha, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Deoriya P.S. Case No. 173 of 2019 for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one country made pistol and live cartridges from the possession of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 03.12.2019.

Patna High Court CR. MISC. No.21263 of 2020(2) dt.30-06-2020 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Deoriya P.S. Case No. 173 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T