Patna High CourtCR. MISC./76324/2023bail granted

Rita Devi v. The State Of Bihar

2023-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76324 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== RITA DEVI W/o Lalan Yadav R/o vill - Shervasa, ward no. 02, P.S. - Beldhaur, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Beldour P.S. case No. 179 of 2023, G.R. No. 2476 of 2023 instituted for the offences under Sections 25(1-b)A, 26 and 35 of the Arms Act.

3. Prosecution allegation, in short, is that one countrymade pistol and 31 live cartridges were recovered from the house of the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.07.2023 and has no criminal antecedent. The petitioner has nothing to do with the seized items and this false and fabricated case has been registered by

Patna High Court CR. MISC. No.76324 of 2023(2) dt.06-12-2023 2/2 the enemies of petitioner in connivance with the local police. He further submitted that nothing has been recovered from the conscious possession of the petitioner. No specific overt act is alleged against this petitioner and the petitioner is lady and innocent.

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, and the fact that petitioner is lady as well as 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 Beldour P.S. case No. 179 of 2023, G.R. No. 2476 of 2023.

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