Patna High CourtCR. MISC./64203/2023bail granted

Munna Kumar v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64203 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Munna Kumar S/O Late Sankar Paswan @ Shankar Paswan R/O VillageChakauliya, Ps. Goraul (KATHARA O.P), Dist. Vaishali At Hajipur ... ... Petitioner

Versus

The State of Bihar 2.

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Bidhpur P.S. Case no. 215 of 2023 registered under sections 399, 402, 414, 467, 468, 471 and 120B of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, information having been received about the accused persons having gathered and planning to give effect to an occurrence, it is stated that a raid was conducted and from the possession of the petitioner a loaded country made pistol with a live cartridge and a separate live cartridge from his pant pocket was recovered. 4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.64203 of 2023(2) dt.11-10-2023 2/2 concocted. No incriminating article has been recovered from the petitioner's possession. The petitioner has no criminal antecedent and is in custody since 4.4.2023. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner, his not having any criminal antecedent and having remained in custody since 4.4.2023, the Court directs the petitioner to be enlarged on bail in connection with Bidupur P.S. Case no. 215 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur.

(Partha Sarthy, J) ajay/- U T