Bhola Bhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55767 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- SIKRAUL District- Buxar ====================================================== 1.
Bhola Bhar Son of Algu Bhar R/O Vill.- Gadahiya, P.S.- Sikraul, District - Buxar.
2.
Guddu Chandrawanshi Son of Ramnath Chandrawanshi R/O Vill.- Chorpokhar English, P.S.- Dinara, District - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sikraul P.S. Case No. 24 of 2024 dated 22.02.2024 registered for the offences punishable u/ss 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, one loaded country made gun and two live cartridges were recovered from the petitioner, Bhola Bhar. One loaded country made gun and a live cartridge were recovered from the possession of the petitioner, Guddu Chandrawanshi. It is further alleged that the petitioners are indulged in buying and selling the illegal arms.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in
Patna High Court CR. MISC. No.55767 of 2024(2) dt.29-08-2024 2/2 this case. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged recovery. The coaccused person has already been granted anticipatory bail by this court vide order dated 22.05.2024 passed in Cr. Misc. No. 31770 of 2024. The petitioner no. 1 has two criminal antecedents whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 22.02.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Sikraul P.S. Case No. 24 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T