Patna High CourtCR. MISC./721/2022bail granted

Mithu Kumar v. The State Of Bihar

2022-06-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.721 of 2022 Arising Out of PS. Case No.-682 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== MITHU KUMAR S/o Bhupendra Yadav R/o Village- Gadhiya, Ward No.08, P.S.- Madhepura, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, the three accused persons including the petitioner herein were caught and on search it is stated that from possession of co-accused Amit Kumar a loaded country-made pistol with a live cartridge was recovered. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case He is in custody since 29.8.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.721 of 2022(2) dt.08-06-2022 2/2 taking into consideration the fact that no incriminating article has been recovered from the petitioner's possession, the petitioner having remained in custody for more than 9 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Madhepura P.S. Case no. 682 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 Chief Judicial Magistrate, Madhepura.

(Partha Sarthy, J) Spd/- U