Patna High CourtCR. MISC./76503/2023bail granted

Shyam Sah v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76503 of 2023 Arising Out of PS. Case No.-146 Year-2019 Thana- DEODHA District- Madhubani ====================================================== SHYAM SAH Son of Late Maheshwar Sah @ Mahesh Sah R/o vill - Pilawa Tola, P.S. - Deodha, Distt. - Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIhar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Deodha P.S. Case No. 146 of 2019 registered for the offence under Section 25(1-b)A and 26 of the Arms Act.

3. As per the prosecution case, one pistol was recovered from a pond behind the house of the Mukhiya which was handed over to the police by one Anil Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and he has no connection with the recovered arms and the petitioner has been remanded in this case because of a case registered against him under Section 302.

5. It is also submitted by the learned counsel for the

Patna High Court CR. MISC. No.76503 of 2023(3) dt.10-01-2024 2/2 petitioner that the petitioner is in jail since 24.11.2022.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the fact that this is a case of Arms Act and tribal by Magistrate and also considering the period of custody, this application is allowed even though the petitioner is involved in the connected case of murder.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Madhubani in connection with Deodha P.S. Case No. 146 of 2019.

(Sandeep Kumar, J) Vikas/- U T