Patna High CourtCR. MISC./35603/2019bail granted

Abhishek Kumar v. The State Of Bihar

2019-08-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35603 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- MAHSI District- East Champaran ====================================================== ABHISHEK KUMAR Son of Satyadeo Singh Resident of Chhota Bariyapur, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Mehsi P.S. Case No. 419 of 2018 registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code, Section 25(1-b)a, 26 and 35 of the Arms Act and Sections 4, 5 and 6 of the Explosive Substance Act.

As per allegation in the FIR, a raid was conducted by the police personnel and six live cartridges were recovered from possession of the petitioner as well as different arms etc. have been recovered from possession of the other-co-accused. It is submitted by learned counsel for the petitioner that allegations of recovery are false and concocted and that petitioner is in custody since19.11.2018.

Patna High Court CR. MISC. No.35603 of 2019(3) dt.28-08-2019 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is in custody since 19.11.2018, this court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi P.S. Case No. 419 of 2018. (Partha Sarthy, J) sushma/- U T