Patna High CourtCR. MISC./47038/2024bail granted

Amit Kumar v. The State Of Bihar

2024-07-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47038 of 2024 Arising Out of PS. Case No.-811 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== AMIT KUMAR S/O VIJAY DUBEY @ VIJAY KUMAR DEUBEY R/O VILLAGE- CHAKIYA WARD NO. 10, P.S- CHAKIYA, DISTT.- MOTHARI, EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Motihari Town P.S. Case no.811 of 2023 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, a loaded country made pistol with two live cartridges was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 12.3.2024 passed in Cr. Misc. no.14476 of 2024, giving liberty to the petitioner to renew his prayer for bail on

Patna High Court CR. MISC. No.47038 of 2024(2) dt.16-07-2024 2/2 completing six months in custody. The petitioner has been falsely implicated in the case and he is in custody since 22.12.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the liberty granted to the petitioner in the earlier order of rejection dated 12.3.2024 and the petitioner having remained in custody for more than six months since 22.12.2023, the Court directs the petitioner to be enlarged on bail in connection with Motihari Town P.S. Case no.811 of 2023 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 C.J.M., Motihari, East Champaran. (Partha Sarthy, J) Saurabh/- U T