Patna High CourtCR. MISC./45856/2024bail granted

Santosh Kumar Das v. The State Of Bihar

2024-07-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45856 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== SANTOSH KUMAR DAS SON OF RAM JATAN DAS @ RAM YATAN DAS VILLAGE- PITHBA TOLE, P.S.- DEODHA, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagandeo Yadav, Advocate :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jainagar P.S. Case No. 41 of 2024 instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.

3. As per the F.I.R., one country-made pistol and two live cartridges have been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.45856 of 2024(2) dt.03-07-2024 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.02.2024 and has one criminal antecedent. 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, nature of allegation as also 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 Jainagar P.S. Case No. 41 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T