Guddu Rai @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48278 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Guddu Rai @ Guddu Kumar Son Of Pramod Rai @ Pramod Kumar Yadav Resident Of Village- Hussepur Pachrukhiya, P.S.- Sahebganj, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Advocate For the Opposite Party/s :
Mr.Atul Chandra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2022 Heard learned counsel for the parties.
The petitioner seeks bail in Sahebganj P.S. Case No. 139 of 2021, registered for the offence under Section 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. As per the prosecution case, a looted motorcycle and a mobile phone were recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no incriminating article has been recovered from his possession. Petitioner is in custody since 20.03.2021. Learned counsel further submits that there is an error of record in the impugned order dated 27.7.2021, wherein it has been mentioned that Sahebganj Police Station Case No. 606 of 2020 dated 2.12.2020 was lodged under section 394 IPC and 27 of the Arms Act.
He submits that in fact the said case was lodged against unknown and till date petitioner has not been remanded in that case. Chargesheet has been submitted. Learned A.P.P. for the State has opposed the bail petition Considering the period of custody, the bail petition of petitioner is allowed.
Patna High Court CR. MISC. No.48278 of 2021(2) dt.22-01-2022 2/2 bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 139 of 2021.
(Prabhat Kumar Singh, J) Shashi U T