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Patna High CourtCR. MISC./42697/2024bail granted

Amit Singh @ Bhutta Singh v. The State Of Bihar

2024-06-26Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42697 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== 1.

Amit Singh @ Bhutta Singh Son of Sudhir Singh R/O Village- Madan Kuari, Ward no.1, P.S.- Majorganj, Distt- Sitamarhi 2.

Gulshan Kumar @ Rohit Kumar Son of Rakesh Singh R/O Village- Madan Kuari, Ward no.1, P.S.- Majorganj, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Kanhauli P.S. Case No. 43 of 2024 dated 15.03.2024 registered for the offences punishable u/s 414 of the Indian Penal Code and u/ss 25(1-b)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that on 14.03.2024 at Murhadih Bazar, during vehicle checking a four wheeler was coming from Nepal which was signaled to stop. But the driver tried to run away with the vehicle. With the help of police, on chasing, two miscreants were caught and on being

Patna High Court CR. MISC. No.42697 of 2024(2) dt.26-06-2024 2/3 asked, they disclosed their names Amit Singh @ Bhutta Singh i.e. petitioner no.1 and Gulshan Kumar @ Rohit Kumar i.e. petitioner no.2. On search, a loaded country made pistol was recovered from the petitioner no.2 and one live cartridge was recovered from the petitioner no.1.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioner no.1 has four other criminal antecedents in which he is on bail and the petitioner no.2 has also three other criminal antecedents in which is also on bail as stated in para 3 of the bail petition. No incriminating articles were recovered from the petitioners. The petitioners are in custody since 15.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Kanhauli

Patna High Court CR. MISC. No.42697 of 2024(2) dt.26-06-2024 3/3 P.S. Case No. 43 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T