Patna High CourtCR. MISC./43539/2021bail granted

Bishwanath Kumar v. The State Of Bihar

2022-01-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43539 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== BISHWANATH KUMAR S/O RANJEET MAHTO @ RANJEET KUMAR R/o village- Simariyaghat Bind Toli, P.S.- Barauni, (Chakiya O.P.), Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard the learned counsel for the petitioner and Mr. Amit Kr. Rakesh, the learned APP for the State. The petitioner seeks regular bail in connection with Barauni PS case no. 18 of 2021 instituted for the offences punishable under Sections 25(1-B), 26 of Arms Act. The allegation is regarding recovery of a loaded countrymade pistol from the waist 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 08.01.2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.43539 of 2021(2) dt.13-01-2022 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M. Begusarai in connection with Barauni PS case no. 304 of 2020. (Mohit Kumar Shah, J) rinkee/- U T