Patna High CourtCR. MISC./66600/2024bail granted

Utsav Kumar @ Utsav Mishra v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66600 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Utsav Kumar @ Utsav Mishra Son of Satyendra Mishra Resident of VillageMahamadpur, P.S.- Bajpatti, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sursand P.S. Case No. 208 of 2024 dated 02.05.2024 registered for the offences punishable u/s 25(1-b)(a), 26/35 of the Arms Act.

3. As per the prosecution case, one country made pistol and one live cartridge were recovered from the waist of the petitioner and a country made pistol and one live cartridge were recovered from the possession of the co-accused Aditya Kumar and one motorcycle was also recovered from their possession.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner.

Patna High Court CR. MISC. No.66600 of 2024(2) dt.21-09-2024 2/2 Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by this Court vide order dated 20.08.2024 passed in Cr. Misc No. 56072 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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 Court concerned, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 208 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Aman Kumar/- U T