Birendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58936 of 2019 Arising Out of PS. Case No.-195 Year-2015 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.

Birendra Bhagat Son of Ganaur Bhagat Resident of Village - Bathana, P.S.- Motipur, Dist.- Muzaffarpur.

2.

Lalu Bhagat Son of Birendra Bhagat Resident of Village - Bathana, P.S.- Motipur, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Karn For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 399, 402, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26(ii), 35 of the Arms Act. Allegation is that two country made pistols along with three live cartridges and two mobiles are recovered. It has been submitted on behalf of the petitioners that the petitioners are in custody since 6.7.2019 and petitioner No.1 has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioner No.1

Patna High Court CR. MISC. No.58936 of 2019(2) dt.19-09-2019 2/2 has transpired in this case on disclosure made by co-accused Indal Bhagat. Petitioner No.2 was apprehended on the spot. No arms is alleged to have been recovered from the possession of the petitioners. Arms are said to have been recovered from the possession of co-accused Indal Bhagat. Co-accused have been granted bail vide Annexure 2 series to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Hemant Kumar, learned J.M. 1st class, Muzaffarpur in connection with Motipur P.S. case No.195 of 2015.

(Sudhir Singh, J) Narendra/- U T