Shiv Nandan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38885 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== SHIV NANDAN BAITHA Son of Raktu Baitha Resident of VillageRamnagra, P.S.- Kanchauli, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2022 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 sections 25(1B)(a) and 26 of the Arms Act. As per the prosecution case, a loaded pistol with a live cartridge is said to have been recovered from the posession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from his possession. He is in custody since 18.11.2020. Chargesheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.38885 of 2021(2) dt.12-01-2022 2/2 taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Kanhauli P.S. Case no. 130 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 Additional Chief Judicial Magistrate 1st, Sitamarhi.

(Partha Sarthy, J) Spd/- U T