Patna High CourtCR. MISC./69708/2019bail granted

Pankaj Kumar v. The State Of Bihar

2020-01-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69708 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

PANKAJ KUMAR S/o Ramdeyal Mahto R/o Village- Bintolia, P.S.- Chapra Muffasil, District- Saran at Chapra 2.

Rohit Kumar S/o Upendar Ray R/o village- Hasanpur, P.S.- Chapra Muffasil, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Chapra Muffasil P.S. Case No. 239 of 2019, registered for the offence punishable under Section 400 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. The allegation is regarding recovery of one country made pistol and two live cartridges as also two mobile phones from the possession of the petitioner no. 1 and as far as the petitioner no. 2 is concerned, one country made pistol and two live cartridges were recovered after he was apprehended by the police and search was made.

Patna High Court CR. MISC. No.69708 of 2019(2) dt.10-01-2020 2/2 The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 22.6.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also considering the period of incarceration, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 239 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T