Mithun Kumar Singh @ Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36534 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- Mathurapur District- Samastipur ====================================================== MITHUN KUMAR SINGH @ MITHUN KUMAR SON OF CHANDESHWAR SINGH RESIDENT OF BAJAHIA YARMOHAMMADPUR, P.O. - BAJAHIA, P.S. - DARYAPUR, DISTRICT - SARAN, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Chandra, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mathurapur P.S. case No. 13 of 2024 instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.
3. As per the F.I.R., one country-made pistol has been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.36534 of 2024(2) dt.15-05-2024 2/2 that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.
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 as also 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 Mathurapur P.S. case No. 13 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T