Patna High CourtCR. MISC./37230/2024bail granted

Sukesh Kumar v. The State Of Bihar

2024-07-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37230 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Sukesh Kumar SON OF Narendra Mahto VILLAGE- BADHEYA TOLA, PSMIRGANJ, DIST- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Mirganj P.S. case No. 82 of 2024 instituted for the offences under Sections 25(1-b), 26, 35 of the Arms Act.

3. Prosecution allegation, in short, is that one country made pistol and one mobile phone were recovered.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the recovered arms. The recovered motorcycle belongs to the petitioner. Charge-sheet has been submitted in this case. The

Patna High Court CR. MISC. No.37230 of 2024(3) dt.12-07-2024 2/2 petitioner is in custody since 06.03.2024 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 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 Mirganj P.S. case No. 82 of 2024.

(Rudra Prakash Mishra, J) Pankaj/- U T