Patna High CourtCR. MISC./52784/2024bail granted

Om Prakash Das v. The State Of Bihar

2024-08-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52784 of 2024 Arising Out of PS. Case No.-452 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Om Prakash Das Son Of Amirak Das R/O- Village- Gajragadh, P.S.- Barachatti, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Adv.

For the State :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 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 Section 412 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act, registered in connection with Barachatti P.S. Case No. 452 of 2018.

3. As per prosecution case, there has been recovery of one pistol and four live cartridges from the possession of the petitioner.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.52784 of 2024(2) dt.12-08-2024 2/2 alleged recovery of arms and cartridges. On the basis of suspicion and due to his criminal antecedents, he has been made accused in this case. Petitioner is in custody since 10.07.2018.

5. Learned APP for the State has opposed the prayer of bail and submitting that petitioner has also been made accused in three cases instituted under Section 395 of the Indian Penal Code.

6. Considering the above facts and circumstances of the case as well as period of custody undergone by 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 Court of A.C.J.M.-II, Sherghati, Gaya in connection with Barachatti P.S. Case No. 452 of 2018, 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