Patna High CourtCR. MISC./83730/2024bail granted

Avinash Kumar Bharti @ Baba v. The State Of Bihar

2024-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83730 of 2024 Arising Out of PS. Case No.-225 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Avinash Kumar Bharti @ Baba Son of Vijay Bharti Resident of Village - Kauwa, Bond Dih Dakhi, P.O. - Maricha, P.S. - Tajpur, District - Samastipur, Bihar, Bharat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Patory P.S. Case No. 225 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol, one live cartridge and one mobile phone from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.83730 of 2024(2) dt.06-12-2024 2/2 also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 22.06.2024 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 18.11.2024 passed in Cr. Misc. No. 79891 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 Patory P.S. Case No. 225 of 2024.

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