Patna High CourtCR. MISC./36569/2021bail granted

Awadhesh Kumar v. The State Of Bihar

2021-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36569 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== AWADHESH KUMAR Son of Sitaram Ray Resident of village - Basatpur Pakari @ Basantpur, P.S.- Punaura, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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 and 120B of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, while arms and ammunitions is stated to have been recovered from the possession of the co-accused, on search it is stated that a mobile phone 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 23.2.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.

Patna High Court CR. MISC. No.36569 of 2021(2) dt.23-12-2021 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, no incriminating article having been recovered from the petitioner's possession and his not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Punaura P.S. Case no. 33 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 Chief Judicial Magistrate, Sitamarhi.

(Partha Sarthy, J) Prakash/- U