Patna High CourtCR. MISC./51003/2024bail granted

Vijay Mukhiya @ Bijay Mukhiya @ Kari Mukhiya v. The State Of Bihar

2024-08-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51003 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- BASANHI District- Saharsa ====================================================== Vijay Mukhiya @ Bijay Mukhiya @ Kari Mukhiya Son Of Devanand Mukhiya Resident Of Village - Bargaon, P.S. - Basnahi, District - Saharsa ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Amarnath Jha, Advocate For the Opposite Party :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Basnahi P.S. Case No. 32/2024 dated 25.02.2024 registered for the offence punishable u/s 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, a loaded country-made pistol and a live cartridge were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

Patna High Court CR. MISC. No.51003 of 2024(2) dt.07-08-2024 2/2 the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Basnahi P.S. Case No. 32/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T