Patna High CourtCR. MISC./71761/2024bail granted

Ritesh Kumar v. The State Of Bihar

2024-12-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71761 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- VAINI District- Samastipur ====================================================== Ritesh Kumar S/o- Manoj Paswan Resident of village- Khaira P.s- Waini District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mandira Sau, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Waini P.S. Case No. 36 of 2024, instituted for the offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol without cartridge from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.71761 of 2024(3) dt.02-12-2024 2/2 also submits that the petitioner has got no concern with the alleged recovery of arms. It is further submitted that the petitioner is residing in a joint house where other family members also reside. The petitioner is in custody since 18.07.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Waini P.S. Case No. 36 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T