Ashok Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.443 of 2022 Arising Out of PS. Case No.-64 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

ASHOK MUSAHAR Son of Yogindra Musahar Resident of VillageChitawan, Police Station-Dinara, District-Rohtas at Sasaram. 2.

Mangaru Musahar Son of Bhoda Musahar Resident of Village-Chitawan, Police Station-Dinara, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on 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 five accused persons including the two petitioners herein were caught. One loaded country-made pistol with live cartridge each was recovered from both the petitioners.

Patna High Court CR. MISC. No.443 of 2022(2) dt.08-06-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession. They are in custody since 16.3.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations, the petitioners being in custody for more than 1 year and investigation in the case having concluded, both the petitioners are directed to be enlarged on bail in connection with Ramgarh P.S. Case no. 64 of 2021 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 1st Addl. Chief Judicial Magistrate, Bhabua. (Partha Sarthy, J) Spd/- U T