Prithvi Raj Prince v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34996 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Prithvi Raj Prince Son of Shambhu Prasad Resident of Village - Dudahi, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 41 of 2024 instituted for the offences under Section 25(1-b)a/26/35 of the Arms Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police party, the accused persons sons assembled there tried to flee away from there but, two of the them including the petitioner were apprehended and other one succeeded in fleeing away. On search, one magazine loaded with two cartridges have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.34996 of 2024(2) dt.07-05-2024 2/2 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized article. The petitioner has two criminal antecedents and is languishing in judicial custody since 14.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, 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 Turkauliya P.S. Case No. 41 of 2024. (Rudra Prakash Mishra, J) Prakash/- U