Mesrilal Prasad @ Mishreelal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35475 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mesrilal Prasad @ Mishreelal Prasad, Son Of Yogilal Prasad R/O VillageDhekaha Fakira Tola, P.S.- Muffasil Motihari, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon- Advocate For the Opposite Party/s :

Ms. Madhuri Lata- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Muffasil Motihari P. S. Case No.07 of 2021, instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.01.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that one loaded country-made pistol and one live cartridge was recovered from his possession.

Patna High Court CR. MISC. No.35475 of 2021(2) dt.03-12-2021 2/2 The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and nothing has been recovered and even presuming without accepting that the allegation as alleged are to be true, then also the petitioner has remained in custody for nearly one year. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 04.01.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Muffasil Motihari P. S. Case No.07 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T