Patna High CourtCR. MISC./34081/2024bail granted

Suraj Kumar Mahaldar @ Happa v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34081 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- PRANPUR District- Katihar ====================================================== Suraj Kumar Mahaldar @ Happa son of Birendra Mahaldar Resident of Village- Roshna, P.S.- Pranpur (Roshna O.P.), Dist.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pranpur (Roshna) P.S. Case No. 24 of 2024 instituted for the offences under Section 25(1-a), (1-AA), 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. The prosecution case, in short, is that on raid police apprehended one Ganesh chaudhary and from his possession one country made pistol and one live cartridge and a mobile was also recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner's name came up on confessional

Patna High Court CR. MISC. No.34081 of 2024(2) dt.02-05-2024 2/2 statement of the said co-accused. No incriminating material has been recovered from the possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 22.02.2024 and has got no criminal antecedent.

5. Learned A.P.P. 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, clean antecedent of the petitioner and 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pranpur (Roshna) P.S. Case No. 24 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U