Patna High CourtCR. MISC./50489/2024bail granted

Budhan Kumar v. The State Of Bihar

2024-09-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50489 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- BELCHHI District- Patna ====================================================== Budhan Kumar Son of Shivdat Rai @ Kishore Rai @ Shivdat Mahto Resident of Village - Jalgovind, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 25(1-b)a and 26 of the Arms Act and Section 37 of the Bihar Prohibition and Excise Act, registered in connection with Belchhi P.S. Case No. 81 of 2024.

3. As per prosecution case, the allegation is of recovery of one country-made pistol and three live cartridges from the possession of petitioner and from his mouth smell of wine was coming.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has

Patna High Court CR. MISC. No.50489 of 2024(3) dt.25-09-2024 2/2 committed no offence. He further submitted that petitioner is a person of clean antecedent and he is in custody since 05.05.2024. Petitioner has no concern with the alleged recovery of arms and cartridges. On the basis of suspicion, petitioner has been implicated in this case.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as well as clean antecedent of the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Barh, Patna in connection with Belchhi P.S. Case No. 81 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T