Patna High CourtCR. MISC./45100/2024bail granted

Bablu Kumar Bharti @ Bablu Kumar v. The State Of Bihar

2024-07-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45100 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- KISHANPUR District- Supaul ====================================================== Bablu Kumar Bharti @ Bablu Kumar SON OF MANI BHUSHAN RAM @ MANIBHUSHAN BHARTI VILLAGE- THARBITTA, PUNARWAS, WARD NO. 6, P.S. KISHANPUR, DIST- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Kishanpur P.S. Case No. 41 of 2024, registered for the offences punishable under Sections 399, 402/34 of the Indian Penal Code & 35, 26(1), 25(1-b)(a) of the Arms Act.

3. As per allegation, on 20.02.2024, the informant got a secret information that criminals namely Bablu Kumar Bharti and Sanoj Kumar have assembled near Tharbitta railway station with 3-4 other criminals. The police party reached there. On seeing the police party, they started to flee away but got apprehended. It is further alleged that one loaded country-made pistol and one mobile phone were recovered from the petitioner.

4. Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.45100 of 2024(2) dt.02-07-2024 2/2 petitioner is innocent and has falsely been implicated. His further submission is that for the allegation of recovery of alleged countrymade pistol he is under custody for a period of four and half years.

4. Considering the above-mentioned facts and circumstances as well as the period of detention, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Kishanpur P.S. Case No. 41 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T