Rajesh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52806 of 2021 Arising Out of PS. Case No.-254 Year-2021 Thana- BHORE District- Gopalganj ====================================================== RAJESH MISHRA S/o- LATE RAMA MISHRA Resident of Village- Sisai Kerawaniya Tola, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Bhore P.S. Case No. 254/2021 registered for the offence punishable under Sections 37(b) of Bihar Prohibition and Excise Amendment Act, 2018, Sections 25(1-B)a, and 26 of the Arms Act.
The Police on the basis of secret information raided the house of the petitioner and recovered one loaded country made pistol. The petitioner was also found in drunken condition. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and at the time of search and seizure the procedure prescribed under Section 100 Cr. P.C. has not been followed.
Patna High Court CR. MISC. No.52806 of 2021(3) dt.17-05-2022 2/2 Regards being had to the submission made by the parties and taking into consideration the nature of allegation, I am inclined to grant regular bail to the petitioner after completing one year in custody.
Accordingly, let the petitioner, above named, be released on regular bail, after completing one year in custody, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II, Gopalganj, in connection with Bhore P.S. Case No. 254/2021. (Anil Kumar Sinha, J) S.Ali/- U T