Prince Pandey @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36150 of 2020 Arising Out of PS. Case No.-123 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Prince Pandey @ Prince Kumar Son Of Prabhakar Pandey, Resident Of Village - Kavita, Police Station - Mairwa, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and Shri Narsingh Tanti, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Mairwa P.S. Case No. 123 of 2020 for the offence punishable under Sections 25(1-b) a, 26, 35 of the Indian Penal Code. The allegation is regarding recovery of one country made pistol and five cartridges from possession of the petitioner, after he was apprehended by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 25.04.2020. The learned counsel for the petitioner has further submitted that though it has not been stated in the petition, but the fact is that the petitioner was remanded in the

Patna High Court CR. MISC. No.36150 of 2020(2) dt.27-01-2021 2/2 present case after he was arrested in another case. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular 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, Siwan in connection with Mairwa P.S. Case No. 123 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T