Indal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22349 of 2020 Arising Out of PS. Case No.-185 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== INDAL BHAGAT Son of Binda Bhagat @ Birendra Bhagat Resident of Village - Bathana, P.S.- Motipur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402 of the Indian Penal Code and 25(1b)a/26II/35 of the Arms Act. Allegation is that one loaded country made pistol and

Patna High Court CR. MISC. No.22349 of 2020(2) dt.10-09-2020 2/2 live cartridge were recovered from the possession of accused Randhir Kumar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.02.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on disclosure made by co-accused. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Sub Judge 1st-cumA.C.J.M. 1st West, Muzaffarpur in connection with Sahebganj P.S. case No.185 of 2017.

(Sudhir Singh, J) Narendra/- U T