Patna High CourtCR. MISC./63107/2024bail granted

Tuna Sah v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63107 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- MANSURCHAK District- Begusarai ====================================================== Tuna Sah S/o- Late Gauri Sah Village- Mansoorchak Ps-Mansoorchk DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mansurchak P.S. Case No. 52 of 2023 dated 11.06.2023 registered for the offences punishable u/ss 414 read with section 34 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, a loaded country made katta, ornaments of gold and silver and magazine were recovered from the possession of the co-accused, Md. Mubarak who disclosed the name of the petitioner and the other coaccused persons. The co-accused, Md. Mubarak also disclosed that he committed theft and snatched the motorcycle with the

Patna High Court CR. MISC. No.63107 of 2024(2) dt.24-09-2024 2/3 help of the petitioner and the other accused persons. It is further alleged that a motorcycle was also recovered from the house 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 sprung up in the confessional statement of the co-accused, Md. Mubarak. The said motorcycle is registered in the name of Kavita Devi who is the sister-in-law (bhabhi) of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2024.

5. Learned A.P.P. for the State has vehemently 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 Court concerned, Begusarai in connection with Mansurchak P.S. Case

Patna High Court CR. MISC. No.63107 of 2024(2) dt.24-09-2024 3/3 No. 52 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T