Prakash Jha @ Prakash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82182 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Prakash Jha @ Prakash Kumar Jha Son of Bhola Jha village- Tharhi, PsAndhara Tharhi, dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP For the Informant :

Mrs. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Madhubani (Town) P.S. Case No. 226 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., one country-made pistol and five live cartridges have been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.82182 of 2024(3) dt.19-02-2025 2/2 that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2024 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner stating that the arms and ammunitions recovered from the petitioner were used in the commission of murder of a person for which a separate case has been lodged.

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, after framing of charge, if not already framed, 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 Madhubani (Town) P.S. Case No. 226 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T