Patna High CourtCR. MISC./77573/2023bail granted

Arjun Kumar v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77573 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- KATRA District- Muzaffarpur ====================================================== Arjun Kumar Son Of Ramshrest Sahani Resident Of Village- Mahisauta, P.S. Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Katra P.S. case No. 205 of 2023 instituted for the offences under Sections 414/34 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

3. As per prosecution case, during vehicle checking, police intercepted Bolero and apprehended two persons including this petitioner and recovered one country-made pistol and two live cartridges from the said vehicle.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.77573 of 2023(2) dt.05-12-2023 2/2 present case and nothing incriminating has been recovered from his conscious possession rather the recovery has been made from the vehicle in question. No specific overt act is alleged against the petitioner.

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 Katra P.S. case No. 205 of 2023.

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