Patna High CourtCR. MISC./66933/2023bail granted

Ashok Singh v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66933 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- DUMRAO District- Buxar ====================================================== ASHOK SINGH SON OF BATESHWAR SINGH RESIDENT OF VILLAGE- BAHUARA, PS- RAJPUR, DISTT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Dumraon (Naya Bhojpur) P.S. Case no.318 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a) and (b), 26 and 35 of the Arms Act.

3. As per the prosecution case, on secret information having been received of accused persons having gathered, a raid was conducted. The accused made an attempt to escape but six of them including the petitioner herein were caught. It is further stated that on search incriminating articles were recovered from the possession of three accused persons.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the possession

Patna High Court CR. MISC. No.66933 of 2023(2) dt.17-10-2023 2/2 of this petitioner who has been falsely implicated in the case. He has no criminal antecedent and is in custody since 27.7.2023.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, no incriminating article having been recovered from the petitioner's possession, his being in custody since 27.7.2023 and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Dumraon (Naya Bhojpur) P.S. Case no.318 of 2023 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, Buxar.

(Partha Sarthy, J) Shiv/- U T