Patna High CourtCR. MISC./62704/2024bail granted

Guddu Kumar v. The State Of Bihar

2024-09-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62704 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- BELSAND District- Sitamarhi ====================================================== Guddu Kumar Son of Late Ramvaran Sah Resident of Village- Kansar Ward No.- 13, P.S.- Belsand, District- Sitamarahi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 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 Belsand P.S. Case No. 66 of 2024 dated 12.06.2024 registered for the offences punishable under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one loaded country made pistol was recovered from the possession of the co-accused, Nitish Kumar, one live cartridge was recovered from the possession of the co-accused, Neeraj Kumar and one live cartridge was recovered from the possession of petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has no concern either with the recovered incriminating article or

Patna High Court CR. MISC. No.62704 of 2024(2) dt.23-09-2024 2/2 with other co-accused persons. There is no independent witness of the alleged seizure. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 13.06.2024. Moreover, similarly situated coaccused Neeraj Kumar has been granted bail vide order dated 04.09.2024, passed in Cr. Misc. No. 60828 of 2024 by this Court.

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 Chief Judicial Magistrate, Sitamarhi in connection with Belsand P.S. Case No. 66 of 2024.

7. The application stands allowed.

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