Murari Kumar @ Murari Yadav @ Krishna Murari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49027 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.
MURARI KUMAR @ MURARI YADAV @ KRISHNA MURARI KUMAR SON OF RAMESHWAR YADAV R/O VILLAGE- LEMUABAD (SONU TOLA), P.S.- PANDARAK, DISTRICT- PATNA 2.
MITHILESH YADAV @ MITHILESH KUMAR SON OF MAHESHWAR YADAV R/O VILLAGE- LEMUABAD (SONU TOLA), P.S.- PANDARAK, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-12-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek regular bail in connection with Pandarak P.S. Case No.59 of 2022 for the offence registered under Sections 25(1-b)a/26 and 35 of the Arms Act. The case of the prosecution, in brief, is that the S.H.O., Pandarak Police Station received a secret information on 04.05.2022 at about 1:00 a.m. that two criminals were standing near N.T.P.C. Railway bridge on a motorcycle and were planning to commit some crime, whereafter, the police party had reached there and apprehended the petitioners herein. Further on search, one loaded country made pistol was
Patna High Court CR. MISC. No.49027 of 2022(2) dt.23-12-2022 2/3 recovered from the possession of the petitioner no. 1 and seven live cartridges were recovered from the possession of the petitioner no. 2.
The learned counsel for the petitioners has submitted that the petitioners are innocent, are having a clean antecedent and have been falsely implicated in the present case and they are languishing in custody since 04.05.2022. The learned counsel for the petitioners has also submitted that the petitioners have already been sufficiently punished, considering the period of their incarceration.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that the petitioners are having a clean antecedent and are languishing in custody since 04.05.2022, I deem it fit and proper to direct for release of the petitioners herein on regular bail. Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.49027 of 2022(2) dt.23-12-2022 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st Barh, District-Patna in connection with Pandarak P.S. Case No. 59 of 2022.
(Mohit Kumar Shah, J) S.Sb/- U T