Mukesh Kumar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69101 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- PARAIYA District- Gaya ====================================================== MUKESH KUMAR @ MUNNA KUMAR Son of Manoj Singh @ Manoj Kumar Sharma Resident of Village - Salempur, P.S. Paraiya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paraiya P.S. Case No. 182 of 2021 for the offence registered under Sections 25(1-b)a and 26 of the Arms Act. The allegation is regarding the informant along with the police force having arrived at the alleged place of occurrence i.e. the jewellery shop where some miscreants were creating hue and cry, however, upon seeing the police party, the miscreants tried to flee away but the petitioner was arrested from the spot and upon search one country made pistol was recovered from his possession.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.69101 of 2021(2) dt.06-05-2022 2/2 present case and he is languishing in custody since 22.08.2021. The learned counsel for the petitioner has further submitted that since the petitioner is an accused in two other cases, he has been falsely implicated in the present case. It is also submitted that the petitioner has already been sufficiently punished on account of his incarceration.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya in connection with Paraiya P.S. Case No. 182 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T