Patna High CourtCR. MISC./67464/2024bail granted

Vishwakarma Singh @ Vishwakarma Chaudhary @ Nishant Singh v. The State Of Bihar

2024-12-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67464 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Vishwakarma Singh @ Vishwakarma Chaudhary @ Nishant singh S/o Late Raj Kishore Singh @ Kishori singh R/o Village- Sri Rampur Thuthi, P.SParbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 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 Parbatta P.S. Case No. 346 of 2023 dated 24.07.2023 registered for the offences punishable u/ss 399 and 402 of the Indian Penal Code and Sections 25(1-B)(a), 26(1) and 35 of the Arms Act.

3. As per the prosecution case, one country made katta and three live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this

Patna High Court CR. MISC. No.67464 of 2024(3) dt.17-12-2024 2/3 case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.07.2023.

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 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, Khagaria in connection with Parbatta P.S. Case No. 346 of 2023 with the conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.67464 of 2024(3) dt.17-12-2024 3/3 for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T