Patna High CourtCR. MISC./43838/2024bail granted

Raja Babu v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43838 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Raja Babu Son Of Depak Kumar Village- Rampur Khurd, P.S.- Madhusudanpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Prosecution allegation, in short, is that in a raid conducted by the police, one loaded pistol and one mobile phone have been recovered from the petitioner. It is further alleged that huge arms and ammunition were recovered from the other accused.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner is in custody since 16.02.2024 and has two criminal

Patna High Court CR. MISC. No.43838 of 2024(3) dt.09-08-2024 2/2 antecedents in which he is on bail. No incriminating material has been recovered from the conscious possession of the petitioner. It is submitted that the place of recovery is the joint house of the petitioner where other family members reside. Coaccused has been granted bail by this Bench vide order dated 20.06.2024 passed in Cr. Misc. No. 42299 of 2024 and order dated 03.07.2024 passed in Cr. Misc. No. 36297 of 2024. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. 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, claim based on parity and 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) Pankaj/- U T