Patna High CourtCR. MISC./26651/2024bail granted

Bipin Kumar v. The State Of Bihar

2024-06-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26651 of 2024 Arising Out of PS. Case No.-317 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== BIPIN KUMAR SON OF VIJAY SINGH RESIDENT OF VILLAGE - MALPUR, P.S. - KHUSHRUPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 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 Khushrupur P.S. Case No. 317 of 2021 registered for the offences punishable under sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, it is alleged that one loaded country-made pistol and live cartridges were recovered from the pocket of the co-accused, Niranjan Kumar and two .315 bore live cartridges was recovered from the possession of the co-accused, Ram Gulam Kumar.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.26651 of 2024(2) dt.27-06-2024 2/2 that the petitioner has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused person. It is further submitted that the petitioner was not arrested on the spot. No incriminating article has been recovered from the possession of the petitioner. The co-accused persons have already been granted regular bail by this court vide order dated 04.08.2022 passed in Cr. Misc. No. 21015 of 2022. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 31.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, in connection with Khushrupur P.S. Case No. 317 of 2021.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T