Deva Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50235 of 2024 Arising Out of PS. Case No.-1101 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Deva Das Son Of Suresh Das R/O- Village- Sarora, Keithapali, Ward No. 10, P.S.- Sarora, Dist.- Ganjam, Odissa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Azim Uddin, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with K.Hat P.S. (Madhubani) Case No.1101 of 2023 registered for the offence under Sections 399, 402, 379, 411, 413, 467, 468, 471 and 420 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, it is a case of recovery of one mobile phone and country made pistol from the possession of the petitioner.
4.
Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no incriminating article has been recovered from
Patna High Court CR. MISC. No.50235 of 2024(2) dt.20-07-2024 2/2 the conscious possession of the petitioner and petitioner is livelihood at Murgi farm of the co-accused Karan Sinha as stated in para-8 of the petition. He next submits that no recovery of alleged fire arm and ammunition from the possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the petition and he is in custody since 29.09.2023. Similarly situated co-accused persons have already been granted bail by Co-ordinate Bench of this Court as stated in para-9 of the petition.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with K.Hat (Madhubani) P.S. Case No.1101 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnia.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T