Patna High CourtCR. MISC./38938/2021bail granted

Rakesh Gautam v. The State Of Bihar

2022-01-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38938 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rakesh Gautam S/O Rabindra Singh Resident Of Village Ratanpur, P.S-Town Begusarai, (RATANPUR O.P.), District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2022 Heard.

The petitioner seeks regular bail in connection with Town Begusarai P.S. Case No. 30 of 2021, registered for the offence punishable under sections 25(1-b)a/36/35 of the Arms Act.

The allegation is regarding recovery of one loaded country made pistol and one live cartridge from the possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 10.1.2021. The learned counsel for the petitioner has further submitted that the petitioner has already been suitably punished on account of the period of custody already undergone by him.

Patna High Court CR. MISC. No.38938 of 2021(2) dt.25-01-2022 2/2 Per contra, Shri Pawan Kumar Chaurasia, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the period of incarceration, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the court of learned C.J.M., Begusarai in connection with Town Begusarai P.S. Case No. 30 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U