Patna High CourtCR. MISC./28194/2020bail granted

Krishnandan Baitha v. The State Of Bihar

2020-11-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28194 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== KRISHNANDAN BAITHA S/o- Rabindra Baitha, Resident of VillageRamnagra, Rasalpur, P.S.- Kanhauli, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Sonbarsa P.S. Case No.63 of 2020 registered under Sections 399, 402, 414 of the IPC and under Sections 25(1-b)a, 26 and 35 of the Arms Act. The S.H.O. of Sonbarsa P.S. after having got information about assemblage and preparation to commit cognizable offence by the criminals raided the place and apprehended Ramakant Kumar, Kishan Kumar, Rajesh Kumar, Manish Kumar and Krishnandan Baitha (petitioner). Learned counsel for the petitioner submits that from possession of Ramakant Kumar one loaded pistol was recovered. From possession of the petitioner, only one live cartridge was recovered. The petitioner was apprehended from his house. Ramakant Kumar has already been granted bail by a

Patna High Court CR. MISC. No.28194 of 2020(2) dt.02-11-2020 2/2 coordinate bench of this court vide order dated 22.09.2020 passed in Cr.Misc.No.24885 of 2020. Rajesh Kumar @ Rajesh has also been granted bail by order dated 14.09.2020. The case of the petitioner stands on better footing as only one live cartridge is said to have been recovered from possession of the petitioner and for that the petitioner has remained in jail since 16.03.2020.

Having considered the facts aforesaid and the fact that for recovery of only one live cartridge the petitioner has remained in jail for more than seven and half months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Sonbarsa P.S. Case No.63 of 2020.

(Prabhat Kumar Jha, J) Harish/- U T