Gautam Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53008 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Gautam Mukhiya son of Nageshwar Mukhiya Village- Akaha Ps- Beldaur Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Learned counsel for the petitioner is permitted to make necessary correction/s in paragraph No.1 and prayer portion of the bail application, during course of the day. 3.

The petitioner seeks bail in connection with Beldaur P.S. Case No. 110 of 2024 instituted for the offence under Sections 25(1-B)A, 26, 29 & 35 of the Arms Act. 4.

Prosecution case in short is that there is recovery of one country made pistol and ten live cartridges from the possession of the petitioner.

5.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-04-2024. Petitioner is a

Patna High Court CR. MISC. No.53008 of 2024(3) dt.28-10-2024 2/2 man of clean antecedent.

6.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 100 of the Cr.P.C. 7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

9.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. Case No. 110 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T