Bhavesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27747 of 2020 Arising Out of PS. Case No.-326 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== Bhavesh Kumar Bhagat Son of - Jai Narayan Bhagat Resident of - Bhartiya Nagar Ward No. 26, P.S. - Saharsa Sadar, Dist. - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Saharsa Sadar P.S. Case No.326 of 2020 registered under sections 25(1-B)(a), 26 and 27 of the Arms Act.

As per allegation in the FIR, on getting information about firing having been taken place, the informant went to the place of occurrence where 5 cartridges were recovered. Thereafter on the information having been received the house of the petitioner was raided where the petitioner was taken into custody and a loaded country made pistol was recovered from his possession.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.27747 of 2020(2) dt.20-10-2020 2/2 that the allegation as levelled in the F.I.R. are false and concocted and no recovery as alleged has taken place from the petitioner. The petitioner has no criminal antecedent and is in custody since 15.4.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 15.4.2020 and having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Saharsa Sadar P.S. Case No.326 of 2020 on his 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, Saharsa.

(Partha Sarthy, J) Bibhash/- U T