Patna High CourtCR. MISC./83154/2024allowed

Gorelal Bind v. The State Of Bihar

2024-11-29Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83154 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- TELMAR District- Nalanda ====================================================== Gorelal Bind S/o- Kameshwar Bind Resident of Telmar P.S-Telmar, DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 420 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, one country made pistol and three live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted by learned counsel for the petitioner that the seizure witnesses are police personnel which is complete violation of Section 100

Patna High Court CR. MISC. No.83154 of 2024(2) dt.29-11-2024 2/2 Cr.P.C. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 26.10.2024 in Cr. Misc. No. 64261 of 2024. Moreover, thte petitioner is languishing in judicial custody since 30.05.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner has six criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Telmar P.S. Case No. 36 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda.

(Ashok Kumar Pandey, J) Shubham/- U T