Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8390 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== BINOD KUMAR S/o Shivnath Ray Resident of Gosai Tola near Kutti Machine Gali, P.S.- Patliputra, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jainendra Kumar Pushkar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Patliputra P.S. Case No. 4 of 2020 registered under section 379 of the Indian Penal Code. As per allegation in the F.I.R., it is stated by the informant that while he was returning from duty on a motorcycle, he met with an accident and became unconscious. On regaining consciousness, he was informed that his service pistol along with seven live cartridges and a mobile phone had been stolen.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation, when allegedly the stolen pistol was recovered from the house of the petitioner

Patna High Court CR. MISC. No. 8390 of 2021(2) dt.01-06-2021 2/2 for which another F.I.R. being Patliputra P.S. Case no. 238 of 2020 (Annexure-2) was registered against the petitioner under sections 25(1-B)(a), 26 and 35 of the Arms Act. It is submitted that the petitioner has been enlarged on bail in the said case vide order dated 24.5.2021 passed in Cr. Misc. No. 8137 of 2021. The petitioner is in custody since 1.7.2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to the petitioner in the connected case and the investigation in the instant case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Patliputra P.S. Case No. 4 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XII, Patna.

(Partha Sarthy, J) Spd/- U T