Prakash Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58152 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- BARHAT District- Jamui ====================================================== PRAKASH RANA Son of Late Rameshwar Rana Resident of village - Gurmaha, Musaharitola, P.S.- Barhat, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 121, 121A, 120B, r/w 149 of IPC and 25(1-b)a, 26 and 35 of the Arms Act and u/s 4/5 of Explosive Substance Act and u/s. 16, 17, 18, 19, and 20 of the Unlawful Activities (Prevention) Act. As per prosecution case, informant alleged that on 13.01.2021, after getting secret information he along with police party conducted a search operation in the Chormara Forest and apprehended some naxal miscreants along with this petitioner and from his possession recovered Pistol (USA made), Magazine and six live cartridges and other articles. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58152 of 2022(4) dt.24-03-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no conc.ern with alleged arms and other articles rather he is a villager and during the search operation, police found him at the place of occurrence when police party wanted to know from him about the whereabouts of naxal when he denied telling anything he was embedded in this case. It is further submitted that the petitioner is languishing in judicial custody since 15.01.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barhat P.S. Case No. 13 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.Ist Class, Jamui. (Sunil Kumar Panwar, J) Manish/- U T