Patna High CourtCR. MISC./36927/2021bail granted

Prabhakar Kumar v. The State Of Bihar

2022-01-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36927 of 2021 Arising Out of PS. Case No.-903 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== PRABHAKAR KUMAR Son of Ramesh Yadav Resident of Village - Tulsiwari, Lakshminiya, Ward no.12, P.S.- Madhepura, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 I.A. no. 1 of 2022 Having heard learned counsel for the parties, the application is allowed.

Let the FIR number in paragraph no. 1 of the petition be read as "Madhepura P.S. Case no. 903 of 2020". Cr. Misc. no. 36927 of 2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, a country made pistol loaded with four live cartridges is said to have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.36927 of 2021(3) dt.21-01-2022 2/2 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 4.12.2020 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with Madhepura P.S. Case no. 903 of 2020 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, Madhepura.

(Partha Sarthy, J) Spd/- U T