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Patna High CourtCR. MISC./59374/2017bail granted

Ved Prakash v. The State Of Bihar

2017-12-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59374 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -DAUDPUR District- SARAN ====================================================== Ved Prakash, Son of Rameshwar Prasad, Resident of Village- Garahi Tir, Shiv Bazar, P.S.- Bhagwan Bazar, District- Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Anil Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Daudpur P.S.Case No.143 of 2017 instituted for the offence under Sections 412, 413, 414 of the Indian Penal Code, Sections 25(1-b), 26, 35 of Arms Act and Section 37 of Bihar Prohibition and Excise Act,2016.

The allegation is that when the police tried to intercept a truck being driven on the road, it speeded away, however, the truck was intercepted and apprehended. It has further been alleged that when the inmates of the said truck tried to flee away, one of the accused persons got injured and from his possession one loaded pistol along with cartridges were recovered while from the

Patna High Court Cr.Misc. No.59374 of 2017 (2) dt.22-12-2017 2/2 petitioner one loaded magazine was recovered. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case, the other co-accused person has died in custody and no arms whatsoever was recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is having a clean antecedent and is languishing in jail custody since 21.07.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I direct the petitioner, named above, to be released on regular bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.D.J. -VIth, Saran at Chapra, in Daudpur P.S.Case No.143 of 2017.

(Mohit Kumar Shah, J) AnilKrSinha/- U