Patna High CourtCR. MISC./56802/2019bail granted

Prince Kumar v. The State Of Bihar

2019-10-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56802 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== PRINCE KUMAR S/o Raja Ram Singh Resident of Badalpura, Matihani, Mirzapur, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barauni P.S. Case No. 142 of 2019 for the offences punishable under Sections 25 (1-b)a, 26 and 35 of the Arms Act. The allegation is regarding the police patrolling party having raided the place of occurrence and upon seeing the police, the accused persons including the petitioner herein started fleeing away, however, they were apprehended by the police and then search was made in the building in question, but nothing was recovered. Nonetheless, upon confessional statement made by the co-accused persons, arms and ammunition were recovered from a garden situated in Sudama Asthan, Garhara Road.

Patna High Court CR. MISC. No.56802 of 2019(2) dt.01-10-2019 2/2 The learned counsel for the petitioner submits that the petitioner is innocent, no recovery has been made from his conscious possession and the petitioner cannot been connected with the alleged arms recovered from some garden. The learned counsel for the petitioner further submits that though the petitioner is accused in other criminal cases, however, he is on bail in the said case. The petitioner is said to be languishing in custody since 29.03.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 142 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T