Patna High CourtCR. MISC./30458/2024bail granted

Guddu Kumar Bari @ Guddu Singh v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30458 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Guddu Kumar Bari @ Guddu Singh Son of Banarasi Bari @ Banarasi Prasad Resident of Village- Awari, P.S.- Mohania, Dist.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bhabua P.S. Case No. 168 of 2024, instituted for the offences punishable under Sections 25(1-AA), 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, police apprehended five accused persons and recovered some articles likely to use in manufacturing of country made fire arms.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. It is further submitted that name of the

Patna High Court CR. MISC. No.30458 of 2024(2) dt.23-04-2024 2/2 petitioner has transpired on the basis of confessional statement made by co-accused Kuber Ram. Except for confessional statement of co-accused, there is nothing alleged against the petitioner. The petitioner is in custody since 10.03.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhabua P.S. Case No. 168 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T