Mithun Kumar @ Mithun Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40053 of 2020 Arising Out of PS. Case No.-372 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MITHUN KUMAR @ MITHUN KUMAR SAHANI, Son of Mahendra Sahani, Resident of Village - Bhagwatpur, P.S.- Paroo, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Satendra Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 414/34 of the Indian Penal Code and Sections 25 (1-b)a, 26/35 of the Arms Act. Allegation against the petitioner is that one country made pistol, one live cartridge has been recovered from the possession of the petitioner and some arms and ammunition were also recovered from other accused persons. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40053 of 2020(2) dt.22-02-2021 2/2 petitioner is innocent and has falsely been implicated in this case. Allegation against the petitioner is that from the possession of the petitioner one country made pistol and one live cartridge have been recovered. The petitioner is in custody since 10.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State has opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Saraiya P.S. Case No. 372/2020 to the satisfaction of the learned Additional Chief Judicial Magistrate1st, (West) Muzaffarpur. (Anjani Kumar Sharan, J) amitkumar/- U T