Munna Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37281 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- BATH District- Bhagalpur ====================================================== MUNNA PATEL Son of Rajeshwer Patel Resident of Samaspura, P.S. - Tisiauta, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakirtita Sharma, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bath P.S. Case No. 14 of 2023, registered for the offences punishable under Sections 25(1-B)a, 26/35 of Arms Act.

As per allegation, the police apprehended the petitioner and co-accused Rakesh Kumar. A country-made pistol was recovered from the possession of Rakesh Kumar and a Samsung Galaxy 17 mobile was recovered from possession of the petitioner.

Learned counsel for the petitioner has submitted that the case of the petitioner is on better footing than that of coaccused Rakesh Kumar, who has been granted bail vide order

Patna High Court CR. MISC. No.37281 of 2023(2) dt.03-07-2023 2/2 dated 24.05.2023 in Cr. Misc No. 26414 of 2023. The learned APP has opposed the prayer for bail but fairly admitted that the co-accused Rakesh Kumar, from whose possession a country-made pistol was recovered, has been granted bail by a coordinate Bench.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur in connection with Bath P.S. Case No. 14 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Kundan U T