Patna High CourtCR. MISC./67770/2023bail granted

Akash Deep @ Hero v. The State Of Bihar

2023-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67770 of 2023 Arising Out of PS. Case No.-235 Year-2023 Thana- FALKA District- Katihar ====================================================== Akash Deep @ Hero Son Of Vivek Chandra Poddar Resident Of VillageMosanda, Ps- Falka, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 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 Falka P.S. Case No. 235 of 2023 dated 27.06.2023 registered for the offence punishable u/s 392 of the Indian Penal Code and Section 25(1-B)a of the Arms Act.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle intercepted the informant's motorcycle and snatched the motorcycle's key, Rs. 59,700/-, a Tab and Morphy on the point of pistol.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.67770 of 2023(2) dt.18-10-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced up during the course of investigation. No T.I Parade has been conducted by the prosecution. The petitioner is accused in one more criminal case on which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 13.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that a pistol was recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Katihar in connection with Falka P.S. Case No. 235 of 2023.

7. The application stands allowed.

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