Patna High CourtCR. MISC./85069/2023allowed

Mrityunjay Kumar v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85069 of 2023 Arising Out of PS. Case No.-382 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Mrityunjay Kumar Son Mithlesh Prasad Permanent R/O- Sinawan, P.S.- Parwalpur, District- Nalanda, At Present Rented House Of Khemnichak, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 504 and 506/34 of the IPC and Sections 25(1-b)a and 26 of the Arms Act.

3. As per prosecution case, about 7-8 unknown persons came to the plot of the informant and started abusing and threatened him, thereafter the informant informed this incident to the police party, on search, there has been recovery of one country-made pistol and one live cartridge from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.85069 of 2023(2) dt.15-01-2024 2/2 committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case. He is languishing in judicial custody since 21.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Patna in connection with Ramkrishna Nagar P.S. Case No. 382 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T