Patna High CourtCR. MISC./34314/2021bail granted

Abhay Kumar @ Abhay Kumar Bishwas v. The State Of Bihar

2021-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34314 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== ABHAY KUMAR @ ABHAY KUMAR BISHWAS S/O ARUN BISHWS @ ARUN KUMAR VISHWAS R/O VILLAGE MAJHUWA, WARD NO 06, P.S FORBESGANJ, DISTRICT ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414, 412 and 34 of the Indian Penal Code and sections 25(1-B)(a), 25(1-B) (ab), 26 (1) (2), 27 and 35 of the Arms Act.

As per the prosecution case, a loaded country made pistol with a live cartridge was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 2.2.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.34314 of 2021(2) dt.23-12-2021 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Narpatganj P.S. Case no. 54 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria.

(Partha Sarthy, J) Bibhash/- U