Patna High CourtCR. MISC./85911/2024bail granted

Divesh Kumar Sah @ Devesh Kumar Sah @ Davesh v. The State Of Bihar

2024-12-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85911 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Divesh kumar Sah @ Devesh Kumar Sah @ Davesh S/o Late Rajpati Sah R/o vill - Pachaut, P.S. - Beldaur, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Beldaur P.S. Case No. 279 of 2024, instituted for the offences punishable under Sections 25(1-B)A, 25(1-AA), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, recovery of 220 live cartridges have been made from the possession of the petitioner along with other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern

Patna High Court CR. MISC. No.85911 of 2024(2) dt.10-12-2024 2/2 with the alleged recovery of huge number of ammunition. The petitioner is in custody since 31.07.2024 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 11.11.2024 passed in Cr. Misc. No. 78745 of 2024.

5. Learned APP 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, taking into account the period of custody undergone by the petitioner and claim based on parity, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. Case No. 279 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T