Lal Babu Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59485 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Lal Babu Baitha Son of Ramyad Baitha @ Ram Ayad Baitha R/V- VILLAGEBELWA, P.S.- PIPRAHI, DISTT.- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Patahi P.S. Case No. 82 of 2024 dated 20.04.2024 registered for the offences punishable under Section 25 (1-B)a, 26 of the Arms Act.
3. As per the prosecution case, one loaded country made pistol with one live cartridge was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case merely on suspicion. Nothing has been recovered from the
Patna High Court CR. MISC. No.59485 of 2024(3) dt.26-10-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 21.04.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sadar, Motihari, East Champaran in connection with Patahi P.S. Case No. 82 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T