Patna High CourtCR. MISC./29495/2024bail granted

Jawahar Prasad v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29495 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Jawahar Prasad S/o- Ramekwal Bhagat @ Ramekbal Prasad VillageMohammadpur Majhauliya Ps- RAjepur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajepur P.S. case No. 23 of 2024 instituted for the offences under Sections 399/402 of the IPC & 25(1-b)a, 26,35 of the Arms Act.

3. As per the F.I.R., one country-made pistol and three live cartridges have 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 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

Patna High Court CR. MISC. No.29495 of 2024(2) dt.20-04-2024 2/2 has been submitted on behalf of the petitioner that the petitioner is in custody since 18.01.2024 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 Rajepur P.S. case No. 23 of 2024.

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