Patna High CourtCR. MISC./38068/2024bail granted

Bittu Singh @Srikant Raj v. The State Of Bihar

2024-05-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38068 of 2024 Arising Out of PS. Case No.-929 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Bittu Singh @Srikant Raj S/O Jitendra Singh @Jitendra Kumar Singh R/O village- Mirganj, P.S. Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaya Muffasil P.S. Case No. 929 of 2023 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the FIR, police, on the basis of secret information apprehended the accused persons including this petitioner. On the basis of disclosure made by the apprehended persons, the recovery of pistols and live cartridges were made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.38068 of 2024(2) dt.16-05-2024 2/2 no concern with the recovered arms and ammunitions. The alleged recovery has been made from the lodge of co-accused Ajay Kumar. Charge-sheet has been submitted in this case. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 16591 of 2024. The petitioner is in custody since 01.09.2023 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as 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 Gaya Muffasil P.S. Case No. 929 of 2023.

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