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Patna High CourtCR. MISC./39185/2024bail granted

Michal Nagraj v. The State Of Bihar

2024-07-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39185 of 2024 Arising Out of PS. Case No.-1101 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Michal Nagraj son of Late Mycle Shakti Village- Purbogard Ps- Korai DistJaipur Orissa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with K. Hat (Madhubani) P.S. Case No.1101 of 2023 registered for the offence under Sections 399, 402, 379, 413, 467, 468, 471 and 420 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

3.

Allegation against the petitioner is to have in possession of one mobile phone, arms and ammunition. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that nothing has been recovered from conscious physical possession of this

Patna High Court CR. MISC. No.39185 of 2024(2) dt.12-07-2024 2/3 petitioner and he has no concern with the alleged occurrence. It is submitted that similarly situated co-accused persons have already been granted bail by this Court through Cr. Misc. No.14924 of 2024 on 11.03.2024 and Cr. Misc. No.31569 of 2024 on 25.04.2024. It is further submitted that petitioner is in custody since 29.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with K. Hat (Madhubani) P.S. Case No.1101 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnia. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.39185 of 2024(2) dt.12-07-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T