Patna High CourtCR. MISC./77382/2024bail granted

Badal Kumar v. The State Of Bihar

2025-02-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77382 of 2024 Arising Out of PS. Case No.-380 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Badal Kumar S/o- Ramashankar Paswan R/o Village- Bedoulia, P.S. Sadar Kajipur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashad, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 380 of 2024 instituted for the offences under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. It is alleged that accused persons including the petitioner were planning to commit dacoity. In the meantime, police raided the place and one of the accused persons, petitioner herein, was apprehended whereas others managed to flee away. It is further alleged that one pistol and four live cartridges were recovered from the petitioner.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.77382 of 2024(5) dt.05-02-2025 2/2 petitioner is innocent and has committed no offence and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.06.2024 and has no criminal antecedent.

5. Learned A.P.P. 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 as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 380 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T