Patna High CourtCR. MISC./40253/2023bail granted

Mrityunjay Kumar v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40253 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== MRITYUNJAY KUMAR S/O KRISHAN NANDAN RAY R/O VillageGosaipur, P.S- Rajepur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Motipur P.S. Case No. 46 of 2023 dated 11.02.2023 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, one knife was recovered from the possession of the petitioner and one loaded country-made pistol and a live cartridge were recovered from the possession of the co-accused Vivek Kumar.

Patna High Court CR. MISC. No.40253 of 2023(2) dt.24-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West, Muzaffarpur in connection with Motipur P.S. Case No. 46 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T