Patna High CourtCR. MISC./42299/2024bail granted

Nikhil Ranjan v. The State Of Bihar

2024-06-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42299 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Nikhil Ranjan Son of Sri Dinesh Prasad Gupta village Purani Sarai P.O. Nathnagar P.S. Madhusudanpur District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nathnagar P.S. Case No. 101 of 2024 instituted for the offences punishable under Sections 25(1)a, 25(1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one country-made pistol, one empty cartridge and one mobile from the house of the petitioner.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has no concern with the alleged recovery. No incriminating article

Patna High Court CR. MISC. No.42299 of 2024(2) dt.20-06-2024 2/2 has been recovered from the conscious possession of the petitioner. Only on the basis of suspicion, petitioner has been implicated in the present case by the police. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. The petitioner is in custody since 16.02.2024 and he has two criminal antecedents out of which he has been acquitted in one case and the second case he is on bail.

5. Learned APP 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 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 Nathnagar P.S. Case No. 101 of 2024.

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