Prabhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83811 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Prabhu Bhagat S/O Late Mahendra Bhagat Resident of Village- Madanpur Ward No. 5, P.S.- Parsauni, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.

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

3. The case of the prosecution is that the informant namely, Kaushal Kumar works in Radiant Company and his work is to submit the cash of the company to bank. On the date of the occurrence, the informant was carrying the cash of the company and was going to deposit the same in Bank of India, Kiran Chowk Branch. At that time, three persons on a bike arrived and surrounded him, started snatching the bag and when the informant objected, one of the miscreant fired at him. After this, the miscreants fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.83811 of 2024(3) dt.06-02-2025 2/2 falsely been implicated in this case. It is also submitted that the name of this petitioner has surfaced only on the basis of confessional statement of Jay alisa Jak Kejriwal. It has also been submitted that nothing has been recovered from the possession of this petitioner. No TIP was conducted. It is further submitted that the petitioner is languishing in judicial custody since 16.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Sitamarhi P.S. Case No. 286 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, Sitamarhi.

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